Skip to main content

Full text of "North Carolina Register v.6 no. 24 (3/16/1992)"

See other formats


jCFt4/-7W2S'/.Al2./H 



c.-? 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



A 



fel 



TITU 

ItionI 



IN ADDITION 

NPDES Permits Notice 

PROPOSED RULES 

Dietetics/Nutrition, Board of 

Environment, Health, and Natural Resources 

General Contractors 

Human Resources 

Justice 

Labor 

Public Education 

Secretary of State 
RRC OBJECTIONS 
RULES INVALIDATED BY JUDICIAL DECISION 



RECEIVED 



ISSUE DATE: March 16, 1992 
Volume 6 • Issue 24 • Pages 1816-1863 



MAR 18 1992 



LAW LIBRARY 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMTNTSTRATTVR COnF. 



NORTH CAROLINA REGISTER 



TEMPORARY RULES 



The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447. 



Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the fmdings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the fmdings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Stamtes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. TTie notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
($750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of ths North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION CONTACT: Office of 
Administrative Hearings, ATTN: Rules Division, P.O. 
Drawer 27447, Raleigh, North Carolina 27611-7447, (919) 
733-2678. 



Leading decisions by North Carolina's 

Office of Administrative Hearings 

now available in the 

North Carolina Register 

Over 1,500 contested case petitions are filed each year with the OfiTice of Administrative 
Hearings (OAII). Listed below are some of the types of cases which are decided by OAll: 

• Environment (including permits) 

• Certificate of Need 

• Day Care Licensing 

• Alcoholic Beverage Control (ABC) 

• Special Lducation 

• State Personnel 



Starting April 1, 1992, the Xorih Carolina Register will include a section featuring the full 
text of the more significant Administrative Law Judge decisions along with an index to all 
recent contested case decisions which arc filed under North Carolina's Administrative Pro- 
cedure Act. Copies of the decisions listed in the index and not published are available upon 
request for a minimal charge. 

This is an entirely new service in addition to the other informative sections of the Xorili 
Caraliiia Register which address the administrative rulemaking process. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Admlnistiative Hearings 

P. O. Drawer 274-1^ 

Ralci?li. .\C 27611-7447 

(919) 733- 267 S 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Depiilv Director 
Molly \Iasich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa KUpatrick. 

Editorial A ssisiant 
Jean Shirley, 

Editorial Assistant 



IN ADDITION 

M'DES Permits Notice 



1816 



n. PROPOSED RL LES 

Environment, Health, and 
Natural Resources 

Environmental Management.... 1823 
Human Resources 

Agmg, Division of 1818 

Medical Assistance 1819 

Justice 

NC Sheriffs' Education and 

Training Standards Comm 1820 

Labor 

Boiler and Pressure Vessel 1822 

Licensing Boards 

Dietetics Nutntion, Board of...lS45 

General Contractors 1837 

Public Education 

Elementary and Secondap,' 1834 

Secretary of State 

Land Records Management 
Division 1835 

III. RRC OB,JECTIONS 1853 

IV. RULES IN^ ALIDA lED BY 

JUDICIAL DECISION 1858 

V. CUMULATE E INDEX 1860 



NORTH CAROLINA RKGISTKR 

Puhlication Schedule 

iJanudiy 1992 - December 1992) 



Issue 


Last Dav 


Last Day 


Earliest 


Earliest 


La 


St Day 


+ 


Date 


for 


for 


Date for 


Date for 


to 




Earliest 




Filing 


Flectronic 


Public 


Adoption 


Su 


bmit 


Effective 






1 iling 


Hearing 


hy 


to 




Date 






^xxxx3ii-i.-k-if.1f 


XK±:):zzi:^±x 


Agency 


RRC 


^ ^ X ie ic. X if. if ie. 


01 02 92 


12 09 91 


12 16 01 


01 17 92 


02 01 92 


02 


20 92 


04 01 92 


01 15 92 


12 20 91 


12 31 91 


01 30 92 


02 14 92 


02 


20 92 


04 01 92 


n2 U3 92 


01 10 92 


01 17 92 


02 IS 92 


03 04 92 


03 


20 92 


05 01 92 


02 14 92 


1 24 92 


01 31 92 


02 29 92 


03 15 92 


03 


20 92 


05 01 92 


03 02 92 


02 10 92 


02 17 92 


03 17 92 


04 01 92 


04 


20 92 


06 01 92 


03 16 92 


02. 24 92 


03 02 92 


03 31 92 


04 1 5 92 


04 


20 92 


06 01 92 


04 01 92 


03 11 92 


03 18 92 


04 16 92 


05 01 92 


05 


20 92 


07 01 92 


04 15 92 


03 25 92 


04 01 92 


04 30 02 


1)5 15 02 


05 


20 92 


07 01 92 


05 01 92 


04 10 92 


04 17 92 


05 16 92 


05 31 92 


06 


20 92 


08 03 92 


05 15 92 


04-24 92 


05 01 92 


05 30,92 


06 14 92 


06 


20 92 


08 03 92 


06 01 92 


05 11 92 


05 IS 92 


06 16 92 


07 01 92 


07 


20 92 


09 01 92 


06 15 92 


05 22 92 


06 01 92 


06 30 92 


07 15 92 


07 


20 92 


09 01 92 


07 01 92 


06 10 92 


06 17 02 


07 16 92 


07 31 02 


OS 


20 92 


10 01 92 


07 15 92 


06 24 92 


0' iJl 02 


07 30 92 


OS 14 92 


OS 


20 92 


10 01 92 


08 03 92 


07 13 92 


07 20 02 


OS 18 92 


09 02 92 


09 


20 92 


11 02 92 


08 14 ^2 


07 24 92 


0^ 3 1 02 


OS 29, 92 


09 13 92 


09 


20 92 


11 02 92 


09 01 ^2 


OS 1 1 92 


(IS IS 92 


09 16 92 


10 01 92 


10 


20 02 


12 01 92 


09 15 92 


OS 25 92 


09 01 92 


09 30 92 


10 15 92 


10 


20 92 


12 01 92 


10 01 92 


09 10 92 


09 17 92 


10 16 92 


10 31 92 


11 


20 92 


01 04 93 


10 15 92 


09 24 92 


in 01 02 


10 30 92 


11 14 92 


11 


20 92 


01 04 93 


11 02 92 


10 12 ^2 


10 19 02 


11 17 02 


12 02 92 


12 


20 92 


02 1 93 


11 16 92 


10 23 92 


10 30 02 


12 01 02 


12 16 92 


12 


20 92 


02 01 93 


12 01 92 


11 06 92 


11 13 92 


12 16 92 


12 31 92 


01 


20 93 


03 01 93 


12 15 92 


1 1 24 92 


12 01 02 


12 30 92 


01 14 93 


01 


20 93 


03 01 93 



* The "Earliest F.ffecth'e Dale" is compuicd assuming that the agency follows 
the publication schedule above, that the Rules Review Commission approves the 
rule at the next calendar month meeting after submission, and that RRC delivers 
the nde to the Codifier of Rules Jh-e i5j business days before the 1st business 
day of the next calendar month. 



IN ADDITION 



1 his Section contains public notices that are required to be published in the Register or have been 
approved by the Codificr oj Rides fur publication. 



SIAIK OF NOR III CAKOMNA 

KNVIRONMKMAI. MANACiKMKM COMMISSION 

I'OS r Ol I l( K BOX 29535 

RALKIGII, NOR III CAROLINA 27626-0535 

PLBLIC NOIICE OF INIEN I lO ISSUE STATE GENERAL NPDES PERMITS 

Public notice of intent to issue State National Pollutant Discharge Elimination System (NPDFS) 
General Pennits for Point Source Discharges of Stormwater and Mine Dewatering Discharges associ- 
ated with the following activities: 

1. NPDI:S General Pennit No. N'CCjOIOOOO for the point source con\eyancc of stormwater runoff 
associated with construction activities including clearing, grading and excavation acti\ities resultmg in 
the disturbance of five or more acres of total land area. 

2. NPDI'S Cjcneral Permit No. NCGf)200nO for the point source conveyance of stormwater runoff 
associated with acti\ities classified as Standard Industrial Classification (SIC) 14 (mineral mining in- 
dustry) including: (a) active or inactive mining operations that discharge stormwater runoff that has 
either been contaminated with or that has come m contact with any overburden, raw material, inter- 
mediate products, finished products, byproducts or waste products located on the site of such oper- 
ations; (b) stormwater from \ehicle maintenance activities at mining operations; and/or (c) mine 
dewatering. 

On the basis of prelmiinarv' staff review and application of Article 21 of Chapter 143 of the General 
Statutes of North Carolina, Pubhc Law 92-500 and other lawful standards and regulations, the North 
Carolina Environmental Management Commission proposes to issue State NPDES General Permits 
for the discharges as described abo\e. 

INIORM.VriON: Copies of the draft NPDES General Peimits and Fact Sheets concerning the draft 
Pennits are available b_\ w nting or calling: 

Ms. Coleen Sullins, Supenisor 

Stormwater Ciroup 

Water Quality Planning 

N'.C. Di\'ision of l:n\ironmental Manaizemcnt 

P.O. Box 29535 

Raleigh, North Carolina 27626-0535 

Telephone (919) 733-5083 

Persons wishing to comment upon or object to the proposed detcnninations are in\ited to submit their 
comments in writing to the above address no later than April 15, 1992. All comments received prior 
to that date will be considered in the final detennination regarding pennit issuance. A public meeting 
may be held where the Director of the Disision of Fn\ironmental .Management finds a significant de- 
gree of public interest in an\ proposed pennit issuance. 



6:24 NORTH CAROLINA REGISTER March 16. 1992 1816 



IN ADDITION 



The draft Permits, Fact Sheets and other information are on file at the Division of Environmental 
Management, 512 N. Salisbury' Street, Room 625-C, .Vrchdale Building, Raleigh, North Carolina. 
They may be inspected during normal office hours. Copies of the information on file are available 
upon request and pa\ment of the costs ot reproduction. .Ml such comments and requests regarding 
these matters should make reference to the draft Permit Numbers, NCGOIOUOO (for Construction Ac- 
ti\ities) and NCG()200()n (for .Mining Operations). 



Date: 1 cbruar\' 24, P^'i)2 George T. Pverett, Director 

Di\ision of Fn\ironmental .Management 



IS 17 6:24 NORTH CAROLINA REGISTER Man h 16, 1992 



PROPOSED RULES 



TH I K 10 - DKPARTMKM OF HUMAN 
RESOURCES 



No 



oticc is hereby given in accordance with G.S. 
150B-2I.2 that the Di\ision of Aiding intends to 
adopt ndefsl cited as JO XCAC 22O.0/0/. .0201 
- .0205; 22P .0/0/, .020/. 

1 he proposed effective date of this action is Ju/y 
I, /992. 

1 he public hearing wil/ be conducted at 2:00 
p.m. on \/arch 3/ . J992 at the Division o/ Aging, 
693 Palmer Dr., Room /27, Raleigh, .\.C. 

ixeason for Proposed .-tction: /O \CAC 220 
.010/ - Establishes definition for Service Cost- 
S/xaring. /O SCAC 220 .020/ - Identifies aging 
sen-ices subject to Service Cost-Sharing. /O 
NCAC 220 .0202 - Provides specifications for the 
development of a Service Cost-Sharing form by 
Aging Sen'ice Providers. JO .XCAC 220 .0203- 
Establishes policy that Aging Service Providers 
shall develop policy regarding t/ie collection of 
Senice Cost-Sharing /Revenues. /O \C.\C 220 
.0204 - Establishes policy pro/iibiting the termi- 
nation of senice recipients who fail to pay the 
agreed upon Senice Cost-Sharing amount. /O 
NCAC 220 .0205 - Establishes policy for deduct- 
ing Sen-ice Cost-S/iaring Revenues from monthly 
sen'ice reimbursement to Aging Service Providers. 
/O .\CAC 22P .0/0/ - jistablishes requirement 
that agencies providing Adult Day Care .sen-ices 
with funds administered by the A'.C Division of 
■■iging shall comply with the A'.C Dhision of So- 
cial Sen- ices Ccrti/lcalion Standards for .Adult 
Day Care as stated in 10 SCAC 42 E. /O .\CAC 
22P .020/ - Establishes maximum reimbursement 
rates for daily care for .4 dull Day Care Sen-ices 
and daily transportation for .Adult Day Care client 
to an adult day care facility. 

C omment Procedures: Written comments may 
be recetied by the Director of the Dnision of Ag- 
ing through .April /5, /992. 1 'erbal comments will 
be heard at the public hearing. 

CIIAI'TKR 22 -AGING 

SLBCIl AFTER 220 - SKRMCE COST-SHARING 

SECTION .0100 - SCOPE OF SERMCE 
COSI-SIIARING 

.0101 S( OI>E OF SERMCE C OS I-SIIARING 

As used in this Subchapter, the tolle)uin>; defi- 
nition ot Senice Cost-ShannL! shall apph : 



Senice Cost-Sharing solicits from all sen'ice re- 
cipients a portion of the cost tor ser\iccs rendered 
based upon their abilit\ to pa\ m order to extend 
the a\ailabilitv ol in-home and communitN based 
scniccs administered b\ the l^i\ ision o[ .Agum. 



Authority G.S. /43B-/S/./ (al f/0): /43R-/S/./ 
(c); 42'U.S.C. 300/: 45 C.E.R. /32/.67. 

SECTION .0200 - KEQl IREMENTS 

.0201 SER\ ICES SE B.IECT lO SERMCE 
COSI-SIIARING 

Scn'ices subject to Sen'ice Cost-Sharing are 
■Adult Day C'^ire. Adult Day Health Care. Con- 
gregate Nutrition. Home Deli\ered Meals. I lome 
1 lealth. Housing and 1 lome Imprtncmcnt. In- 
I lome Aide. Institutional RcNpite. and frans- 
portation as pro\ided under this Subchapter. 

Authority G.S. /43B-/S/./ ,ai (/O): /43B-/S/./ 
{ci: 42'U.S.C. 300/: 45 C.E.R. 1321.67. 

.0202 SERMCE COSI-SIIARING FORM 

Agencies pro\'iding senices subject to Sen'ice 
Cost-Shanng shall develop a Senice Cost- 
Shanng I'Cinn w hich includes the lolkn\ing: 

( 1 ) a senice cost-shanng schedule uhich in- 
cludes income ranges and corresponding 
cost-shanng percentages: 

(2) space to indicate the sei'Mcc recipient's in- 
come range; 

(3) space to list sen'ices to b£ received; 

(4) space to indicate the cost of senice to 
which the cost-sharing percentage is being 
applied: 

(5) space to indicate the indi\ idiial's calculated 
or negotiated cost-shanng amount per unit 
or hour lor each senice. i| applicable; 

(6) a statement indicating that senices will not 
be temiinated for failure tci pa\ the agreed 
upon cost-shanng ami. Hint: 

(7) mlbi-mation regarding u hom the senice 
recipient shcuild contact if he or she has 
questions regarding Senice Cost -Sharing 
procedures: and 

(S) space for signatures by the senice recipient 
or designated representalne and the agenc\' 
representati\ e indicating that the fo nn has 
been re\ie\\ed \\ ith the senice recipient and 
the date. 

.Autlwrity G.S. /43B-/S/./ (ai {/O): /43B-/S/./ 
(cl; 421.S.C. 300/: 45 C.E.R. /321.6'. 

.020.1 WRITIEN POI ICIES AND PROCEOl RES 

.\gencics shall develop written policies and pro- 
cedures regarding the collection ot Sen ice Cost- 
Shanng revenues. 



6:24 NORTH CAROLIl\A REGISTER Munli 16, 1992 



/,V/,V 



PROPOSED RULES 



Aiithonty G.S. I43B-If<l.l (a) (10): I43B-ISI.1 
(c): 42 U.S.C. 3001: 45 C.F.R. 1321.67. 

.0204 IKKMINAIION 

Service recipients shall not be terminated from 
services lor failure to pa\ the aueeJ upon Service 
Cost-Sharing amount. 

Authontv G.S. /43D-J.V./ (a) (10): I43B-ISI.I 
(c): 42'U.S.C. 3001: 45 C.F.R. 1321.67. 

.0205 DFDl niNG S\ C COST-SHARING 
KF.\ KM FS FROM MTIILV S\ C 
RKIMIU RSKMENT 

The Nortii Carolina Division of Aging will de- 
duct the amotmt q\_ Service Cost-Shanng reven- 
ues reported collected trom the amount of 
m(.)nthl\ reimbursement due to each service pro- 
vider for each ser\ice sub|ect to Service Cost- 
Sharing as specified m Rule .0201 of this Section. 

Authority G.S. I43B-ISI.I (a) (10): 143B-ISI.I 
(cl: 42'F.S.C. 3001: 45 C.F.R. 02.25. 

SI B( IIAI'IFR 221' - AlKFr l)A\ CARF 

SFCTION .0100 - SCOPE OF ADL LT DAY CARE 

.0101 ADl 11 D\\ CARE SIANHARDS 

Agencies providing Adult Day Care services 
with funds administered bv the North Carolina 
Division of Aging shall compK with the North 
Carolina Di\ ision of Social Sen ices ('ertilication 
Standards for Adult Day Care as established by 
the N(mh Carolina Social Services Commission 
in 10 NCAC 421 . 



Statutory Authority G.S. 143B- ISLI (c). 
SECTION .0200 - RFQl IREMENTS 

.0201 MAXIMLM REIMIU RSEMENT RATES 

(a) The maximum reimliurscment rate for adult 
day care services is twenty-one dollars ( j)21.00) 
per day and shall not exceed four hundred and 
fift\-live dollars (S455.(IO) per month, per client. 

(b) 1 he maximum reimbursement rate for 
transporting an adult day care client to an adult 
da\ care center shall not exceed one dollar and 
four cents ('{<1.04) for a one-way top. I he max- 



imum reimbursement rate tor round-tnp trans- 
portation of an adult day care client to an adult 
day' care center shall nt)t exceed two dollars and 
seven cents ( S2.07) per day, per client. 

Statuton- Authoriiv G.S. I43B-ISLI (c). 



•^•k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-ki: 



lyoticc is hereby gix'en in accordance with G.S. 
I50B-2L2 that the Department of Human 
Resources; Division of Medical Assistance intends 
to adopt ruie(s) cited as 10 XCAC 26.11 .0101 - 
.0105. .0201 - .0203. 

1 he proposed effective date of t/iis action is ./une 
/, /W2. 

1 he public hearing will be conducted at 1 :30 
p.m. on April 15. 1992 at the North Carolina Di- 
vision of Medical Assistance, 1985 Linstead 
Dri\e. Room 297. Raleigh, N.C. 27603. 



Fo comply with 



i\eason for Proposed .tction: 
42 CFR 434, Subparts C and E. 

V^. oinment Procedures: Written comments con- 
cerning these adoptions must be submitted bv 
April 15, 1992. to: Division of Medical .Assistance. 
I9S5 Umstead Drive. Raleigh. N.C. 27603. 
AFFN.: Bill Hottel, APA Coordinator. Oral 
comments may be presented at the hearing. In 
addition, a fiscal impact statement is available 
upon written request from the same address. 

CM AFTER 26 - MEDICAE ASSISTANCE 

SI UCIIAPTER 26M - MANAGED CARE AND 
PREPAID PEANS 

SECIION .0100 - MANAGED CARE 

.0101 PRO(,R.\M DEFINinON 

Carolina ACCF'SS will contract with primary 
care phv sicians m participating counties to de- 
liver and coordinate the health care of certain 
categones of .Medicaid recipients. 

Statuton- Authority G.S. /0SA-25(h): S.L. 1991, 
c. 6SQ. s. 93(h). 

.0102 COORDIN.VTION FEE 

In addition to nomial .Medicaid payments, the 
Division ot Medical .Assistance has the authority 
to pay participating physicians a monthly coor- 
dination fee for pro\ iding or cocnxlinating the 
health care services ot^^ enrollees who have se- 
lected them as their pnmarv care physician. 

Statutory Authority G.S. IOSA-25{b): S.L. 199 f 
c. 6S9, s. 93(h). 

.010.5 .V(( ESS FO C.VRE 

Carolina ACCf-'SS enrollees will receive covered 



health care services that are provided or coordi- 



LSI9 



6:24 l\ORTH CAROLL\A REGLSTER March 16, 1992 



PROPOSED RULES 



natcd by their primary' care physician. The Di- 
\ision of Medical Assistance has the authorit\ to 
dcn\ pa\mcnt for co\'ered ser\ices that are not 
authorized b\ the pnmarv care physician. 

Statuton' Auihohtv G.S. IOSA-25(b): S.L. 199/, 
c. 6S9, s. 93(h). 

.0104 ENROLLMENT 

/Ml clients m participating counties will cnroU in 
Carolina ACCTSS unless exempt due to catceorv 
of eliability, mstitutional placement or special 
exemption based on indi\'idual consideration. 

Statiuoty Authorily G.S. /0SA-25(b); S.L. 1991, 
c. 6S9. s. 93(h). 

.0105 EMERGENCY ROOM CARE 

Payment for services in hospital emergency 
rooms uUl be limited to an assessment fee unless 



L-d health 



jssmcnt indicates need for further emer- 



the 



scncv room care. 



Sujuiroty Authuritv G.S. IOSA-25ib): S.L. 1991. 
c. 6S9, s. 93(h). 

SECTION .0200 - PREP.MD PLANS 

.0201 PK0(;RAM DKEINIIION 

Federally qualified Health .Maintenance Organ- 
izations (HMOs) and State licensed and certified 
HMOs arc eligible to enter contracts with the 
Diyision of .Medical .Assistance for enrollment of 
Medicaid eligible indi\'iduals. 



Statiiioiy Auihoritv G.S. /0SA-25(b): S.L. 1991. 
c. 6S9, s. 93(h). 

.0202 ENROLLMENT 

Fach contract will define eligible enrollees and 
service areas. 



Statiitoiy Authorhv G.S. I0SA-25(b): S.L. 1991. 
c. 6S9, .s. 93(h). 



.0203 ACCESS TO CARE 

H.MO enroUces will receiye rec( 

care senices that are pro\'ided by the 1 IMCJ or 
its subcontractors. I he Di\ ision of .Medical .As- 
sistance has the authonty to deny pasment for 
co\ercd services not pro\ided nor authoii/.ed by 
the HMO. 

StatutoiT Auihoritv G.S. J0SA-25(b); S.L. 1991, 
c. 689, s. 93(h). 

TITLE 12 - DEPAR IMENT OF Jl STICE 



lyotice is hereby gi\en in accordance with G.S. 
I50li-2L2 that the Sheriffs' Standards Commis- 
sion intends to amend rule(s) cited as 12 NCAC 
JOB .060/, .090J. 



Th 



he proposed effective date of this action is June 
/. J 992. 



L 



nsiructions on how to demand a public hearing 
(must be requested in writing within 15 days of 
notice): .i written request for a public hearing 
may befded with the Sheriffs' Standards Division 
at 104 Favetteville Street Mall. Post Office 
Drawer 629. Ralei^^h, North Carolina 27601-0629 
by March 31. 1992. 



Re 



i.ea^on for Proposed Action: 12 NCAC lOB 
.0601 - To cotrect the minimum number of in- 
structional hours required in the Jailer Certif- 
ication Course. 12 \CAC JOB .090/ - To correct 
the infonnation regarding where copies of 12 
\CAC 9B .0300 et seq. can be obtained and the 
cost. 

(^ onunent Procedures: The record of /learing 
will he open for receipt of written co/?imcnts from 
.March 16. 1992 until April 15. 1992. Such co/n- 
tnenis must be delivered or mailed to the Sheriffs' 
Standards Division at 104 Favetteville Street 
Ma/l, Post Office Drawer 629.' Raleigh, \orth 
Carolina 2^602. 



CHAPTER 10 - NC SHERIFES' EDLCATION AND TR.MNING STANDARDS COMMISSION 

SLBCIIAPTER lOB - NC SHERIFFS' EDLCATION AND TRAINING ST.^NDARDS COMMISSION 

SECnON .0600 - MINIMLAI STANDARDS OF TRAINING FOR .lAll ERS 

.0601 .lAM EK CERFIFK AIION C Ol RSE 

(a) This Section establishes the cuiTcnt minimum standard b_\ which Sheriffs' Department personnel 
shall receis'c jailer training. These iiiles will serve to raise the leyel of jailer training heretofore available 
to law enforcement officers across the state. The Jailer Certification Course shaU consist of a minimum 
of -I-5W l."^5 hours of instruction designed to proyide the trainee with the skills and know ledge necessar> 
to perform those tasks considered essential to the administration and operation of a confinement facil- 
ity. 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



1S20 



PROPOSED RULES 



(b) Fach Jailer Certification Course shall include the following identified topic areas and approximate 
minimum mstructional hours for each area; 



(Ij Disciplinan,' Procedures 

(2) Contraband Searches 

(3) Transportation of Inmates 

(4) Processing himates 

(5) Patrol and F'mergency Procedures 

(6) Recreation and \'isiting 

(7) Key and Tool Control 

(8) Stress 

(9) Special Populations 

( 10) Medical Care in the Jail 

(11) 1-irst Aid and CPR (National Safety CouncU) 

(12) Inarmed Self- Defense 

(13) Written Communication 

(14) Legal Rights and Responsibilities 

(15) CivU Liability 

( 16) Suicides in the Jail 

(17) Introduction to Rules and Regulations Go\eming Jail Facilities 

(IS) Role of the Jailer m Supervision, Communication, and Crisis Management 

(19) Handling Fire Emergencies 

(20) In\estigative Duties of the Jailer 

(21) Legal Aspects of Criminal In\estigation 

(22) Testifying in Court 

(23) Physical Assessment of Jailers 

(24) Commission Exam 

TOTAL 



2 hours 


6 hours 


6 hours 


5 hours 


5 hours 


2 hours 


1 hour 


2 hours 


5 hours 


5 hours 


14 hours 


18 hours 


3 hours 


12 hours 


2 hours 


4 hours 


3 hours 


6 hours 


16 hours 


4 hours 


3 hours 


4 hours 


4 hours 


3 hours 


135 hours 



(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a 
standardized test shall be administered to each trainee witlrin the first two weeks of the Jailer Certif- 
ication Course, and the reading grade le\'el reported as a part of the trainee's official training records. 
The school director shall determine the test instrument to be used. 

(d) Consistent with the curriculum development policy of the Commission, the Commission shall 
designate the developer of the Jailer Certification Course curricula and such designation shall be deemed 
by the Commission as approval for the developer to conduct pilot Jader Certification Courses. Indi- 
\iduals who successfully complete such a pilot Jailer Certification Course offering shall be deemed to 
ha\'e successfully complied with and satisfied the minimum training requirement. 

(e) The "Jailer Certification Training Manual" as published by the North Carolina Justice Academy 
is hereby adopted by reference and shall automatically include any later amendments and editions of 
the adopted matter as authorised by G.S. I50B- 14(c) to apply as the basic curriculum for the JaUer 
Certification Course. 

(f) The "Jailer Certification Course Management Guide" as published by the North Carolina Justice 
Academy is hereby adopted by reference and shall automatically include any later amendments, editions 
of the adopted matter as authorized by G.S. 150B- 14(c) to be used by certified school directors in 
planning, implementing and deli\ering basic jailer traimng. Each certified school director shall be issued 
a cop\' of the guide at the time of certification at no cost to the accredited school. 

Statiiton Authoritv G.S. l7E-4ia). 



SKCJION .0900 - MIMMCM STAND. \RDS FOR 
JUSTICE OIFICKR INSIRl CTORS 

.0901 CFRI/INSIRl CTORS/BASIC LAW 

ENFORCEMENT IRAINING COURSE 

The rules covering the certification of instruc- 
tors, codified as Title 12. Subchapter 9B, Section 
.0300 of the North Carolina Administrative 



Code, and pre\iously adopted by the North 
Carolina Criminal Justice Education and Train- 
ing Standards Commission, are hereby incorpo- 
rated by reference, and shall automatically 
include any later amendments and editions of the 
referenced materials, to appl>' to actions of the 
North Carolina Sheriffs' Education and Training 
Standards Commission with the exception of in- 



IS21 



6:24 iXORTH CAROLINA REGISTER March 16, 1992 



PROPOSED RULES 



structors for the Jailer Certification Course and 
instructors for the Physical Fitness topical area 
of the Basic Law Fnforcemcnt Training Course. 
Copies of the publication may be obtained from 
the Noilh Curolina Ju; . tiCL ' Academy. I'n - t Office 
Hriivver iW^ Saleniburg. North CaroHnu 2S ; .^Six 
Ctfice of .\dministrali\e Heanni^s. Capeharl- 
Crocker House. 424 North Blount Street. 
RaleJLih. North Carolina 2761)1. The cost per 
maniKil ^^ mnel> frr^ diilkir ?. I S' i 5.n(l) fof a- ^rte- 
deiit mLUUiul emti (-H*e hundred dollar '. ( j . 10( 1 .( 11 1 1 
fop t+H- in '' tructor manual copy is two dollars and 
fifty cents (^2.50) for the tlr>t 10 pa^es and fifteen 
cents ({(). 15) for each paee thereafter at the time 
of adoption of this Rule. 

Statmoty Authority G.S. 17E-4. 

TITLE 13 - DKPART.MEM OF LABOR 



Jyotice is hereby given in accordance with G.S. 
I50B-2I.2 that the Department of Labor intends 
to amend nde(s) cited as 13 .\C.4C 13 .020 J, 
.0404. 

J he proposed effective date of this action is June 
I. 1992. 



Th 



he public hearing will be conducted at 2:00 
p.m. on .April 7, /092 at the Highway Building. 
Room ISO. I S. Wilmington Street, Raleigh. S.C. 

IXeason for Proposed .Action: /'he proposed 
action corrects the phone number of the Boiler and 
Pressure Vessel Division, removes and unnecessary 
reqiurement dealing with resetting safety valves 
and clarifies the reqidrements for safety valves for 
hydropnewnaiic storage tanks. 

C onunent Procedures: People wanting to pres- 
ent oral testimony at the hearing should provide a 
written summaty of the proposed testimony to the 
Department bv .April 2, 1992. Written comments 
will be accepted bv the Department until .April /i. 
J 992. Direct all correspondence to Bobby Bryan, 
NC Department of Labor. 4 West Edenton Street, 
Raleigh. .\C 27601. 



CIIAITKR 13 



noil KR .\M) PRESSLRE 
\ESSFI 



SECTION .0200 - ADMIMS IRATION 

.0201 N WIE: .VDDRESS 

(a) The Boiler and Pressure Vessel Dnision, 
which administers the pro\'isions of Article 7A 
of G.S. Chapter 95, is located in the Raleigh of- 



fice of the department on the comer of Fdcnton 
and Salisburs" Streets, 
(b) Address correspondence to: 

Boiler and Pressure Vessel Di\ision 

North Carolina Department of Labor 

Four West Fdenton Street 

Raleiiih. North Carohna 27601 

Tefephone m^ 7.C^ .^031. 

Telephone ('H^)} 7.VV23S.^ 

FA.X (^M')| 7.VV61^)7. 

Statutory .Authority G.S. 95-4; 95-69.12. 
SECTION .0400 - GENER.M. REQLIREMEN IS 

.0404 S.VFETV APPLIANCES 

(a) All safety valves and safety relief valves in- 
stalled on any boiler, pressure vessel, or nuclear 
energy system shall be constructed in accordance 
withlheAS.ME Code. 

(b) All safety valves and safety rehef vahes shall 
be stamped and capacity certified by the National 
Board of Boder and Pressure \'esscl Inspectors. 

(c) Any repair organization, manufacturer or 
user who performs repairs on safety valves or 
safety rehef vahes shaU hold a vaUd certificate of 
authorization and VR symbol repair stamp is- 
sued b\ the National Board of Boiler and Pres- 
sure Vessel Inspectors. 

(d) A person shaU not: 

( 1) attempt to remove, tamper or perform any 
work on any safety appliance while the 
boiler, pressure vessel, or nuclear energy 
system is in operation, except as pennitted 
by the AS.ME or the National Board In- 
spection Code; 

(-J4 r e'. et » i i afety ' . liK e V i hen a«- aiilhon/.eJ 
inspector t+f At* sahL' mcinufacturer h- h*4 
pre 'i cnt; 

(2) (r^ load a safety valve in an\' manner to 

maintain a working pressure in excess of 
the ma.ximum allowable working pressure 
as stated on the inspection certiticate; or 

(3) f4-f operate any boiler, pressure vessel, or 

nuclear energy s\"stem without the safety 
appliances as described in these Rules, the 
AS.ME Code, and the National Board In- 
spection Code. 

(e) IKdropneumatic storaiie tanks suppKiniZ 
potable water d\_ ambient temperature and con- 
taining a cushion of air ^hall be protected with a 
liquid rated safet\ \al\e installed below the water 
line and rated m gallon^ per minute with a ca- 
pacitN of not less than the inlet supph pump. 
.Altemati\ eh , when the tank is installed so that 



the release of water as a result of \essel nipture 
w ill not create an additional hazard, such as 
electrical -hortaLie. the tank in;i\' he protected 



6:24 [\ORTH CAROLIN.A REGISTER Mairh 16, 1992 



1S22 



PROPOSED RULES 



u'ith a safety \al\c installed at the to£ of the 
\eNsel abo\-e the water line, so loni; as the safety 
\'al\e is either: 



(1) 



(2) 



an air rated safet\" \al\c with a capacity 
of not less than one standard cubic foot 
per minute (SCIM ) for each uallon per 
minute ot^ input Iroin the water supply 
pump: or 

a safety \'ah'e with a capacity of not less 
than 3.()(Jtl Btu hr tor each ijallon per 
minute of water input. 



Stdtinon- Authomv G.S. 95-69.11; 95-69.14. 



Mr. Thomas C. .lllen 

Dhiuon of Environmental .Management 

P.O. Box 29535 

Raleigh, .\orth Carolina 2~626-0535 

(919) -:33-3340 

CII.M'IKR 2 - KN\ IKONMKNTAL 
M\>A(,EMHM' 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIRFMENTS 

SKCIION .0500 - EMISSION CONTROL 
STANDARDS 



TITLE 15A - DEPARTMENT OE 

ENMRONMENT, HEALTH, AND 

NA I L RAL RESOURCES 



No 



oticc is hereby given in accordance with G.S. 
150B-21 .2 that the Emironmenta! .Management 
Commission intends to adopt ndei si cited as 15.-1 
.\C.4C 2D .0538: and amend ruleisl cited as 15.4 
\C.4C 2H .0610. 



J. he proposed effecti\-e date of this action is July 
1, 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on .4pril 1. 1992 at the Groundfloor Hearing 
Room. .4rchdale Building, 512 \. Salisbury St.. 
Raleigh. \.C. 

IXeason for Proposed Action: To establish 
emission standards for emissions of ethylene oxide 
resulting from use as a sterilant in the production 
and subsequent storage of medical devices or the 
packaging and subsequent storage of medical de- 
vices and to allow compliance with these standards 
in lieu of complying with the air toxic regulations. 

\^ omment Procedures: All persons interested in 
these matters are imited to attend the public 
hearing. .4ny person desiring to comment for 
more than three minutes is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public hearing. The hearing 
officer may limit oral presentation lengths to fn-e 
minutes if many people want to .';peak. The record 
of proceedings will remain open until .4pril 15, 
1992, to recei\-e additional written statements. 

Comments should be sent to and additional infor- 
mation concerning the hearing or the proposals 
may be obtained bv contacting: 



.0538 CONTROL OF ETHYLENE OXIDE 
EMISSIONS 

(a) I-or purposes of this Rule, "medical 
de\ices" means instruments, apparatus, imple- 
ments, machines, implants, in \itro reagents. 
contn\ances. or other similar or related articles 
includini; their components, parts, and accesso- 
ries, intended for use in t_he diaimosis. cure, miti- 
gation, treatment, or pre\ention of disease in 
man or other animals: or to affect the structure 
or any function of tjie bodv of man or other an- 
imals. 

(b) This Rule applies to emissions of eth\lene 
oxide resulting from use as a ^te^lant in: 

( 1 > the production and subsec^uent storage of 

medical de\ ices: or 
(2) the packaging and subsequent storage of 
medical de\"ices lor sale: 
trom the processes described in I'anigraph (d) of 
this Rule lor which con>tn.iction began after 
Apnl M). |Q^2. 

(el Ihis Rule does not applv to hospital or 
medical lacilities. 

(di facilities subject to this Rule sh:iU comph' 
with the tollowing standards: 

( 1 ) 1 or sterilization chamber e\ acuation. a 
closed loop liquid nng \aeuiim pump, or 
equipment demonstrated to be as etfectiye 
at reducing emissions of eth\lene oxide 
shall be used: 

(2) l"or stenli/er exhaust, a reduction in un- 
controlled emissions of ethslene oxide of 



at least 99. S percent by weight shall be 
achieved^ 

(3) I'or stenli/er unload and backdraft \alve 
exhaust, a reduction in uncontrolled 
emisMons o^ eth\ lene oxide of at least ^ 
percent by weight shall be achie\'ed: 

(4) .Stenli/.ed product ethylene oxide residual 
shall be reduced h\: 

(A) a heated degassing room to aerate the 
products after remo\al from the 
sterilization chamber: the temperature of 
the degassing room shall be maintained 



I,S23 



6:24 \ORTH CAROLLXA REGISTER March 16, 1992 



PROPOSED RULES 



at a minimum of ^5' FahrcnlK-it durinu 



duction. elimination, or rccxclini! plan shall he 
su hmittcd [as specified in (i.S. 143-2 1 5. H)S(c)| to 



the dcaassinL; cvele. and product hold time 

in the aeration room shall be at least 24 detennine \{^ ethylene oxide u^e can be reduced 

hour: 



(5 



or 

( 13) a process demonstrated to be as effec- 

ti\e as Subparag-aph (d)(4)(A) of this 

Rule: 
) hmissions of cth\lene oxide from the 



dciiassintJ area (or equnalent process) 
shall be \ented to a contrtil de\ice capable 
ot reducing unct'introUed etln lene oxide 
emissions bv at least ^ percent bv weight. 
The product aeration room and the prod- 
uct transfer area shall be maintained under 
a nciiatne pressure, 
(e) Before installation of the controls required 
bv ParaLTaph (d) of this Rule, and annually 
thereafter, a untten descnption of waste re- 



or elimin.ited thrinmh altemati\ e stenli/.alion 
methods or process modificaticins. 

(f) Ihe owner or operator of the facility shall 
conduct a perlbnnance lest to \enl\' initial elh- 
ciency ot the control de\ices. I he tn\ ner or op- 
erator shall maintain temperature recc^rds to 
demonstrate proper operation iM the deuassin^ 
roiim. Such records shall be retained tor a period 
of at least two calendar \'ears at aU times and 
shall be made a\ ailable for in^pectlon by Pixi- 



sicin personnel. 

Staliilory Authority G.S. 143-2 15.3 (a) (J); 
143-215.107 (a) (4), (5): 143-215. lOS (c). 



SI lU MAP IKK 211 - PROCEDLRES FOR PERMITS: .\PPRO\ .VLS 
SECnON .0600 - AIR QLAI.ITY PERMITS 

.0610 PERMIT REQIIREMENTS EOR TOXIC AIR POI ELTANTS 

(a) No person shall cause or allow ;my toxic air pollutant named in 15.A NCAC 2D .1104 to be 
emitted into the atmosphere from any source without having received a pennit from the commission 
in accordance w ith the following: 

(1) Sources and modifications of sources which require a pennit or pennit modification because 
of the applicability of Sections in Subchapter 2D of this Chapter other than Section . 1 10(1 and 
which began construction after .April 30. R)90, shall have recei\ed a permit or pennit modifica- 
tion to emit toxic air pollutants before beginning constniction and shall be in compliance with 
their permit when beginning operations. 

(2) The owner or operator of any incmerator subject to 15.\ NCAC 2D .1200 which began con- 
struction or was in ciperation before October 1. 1991. shall apply for a pennit or a pennit 
modification to emit toxic air pollutants in accordance with the compliance schedules contained 
in 15.A NCAC 2D .1209. All other sources at the facilitx with the incinerator shall be included, 
and the o\\ ner or operator of these sources shall apply for a pennit or a permit modification to 
emit toxic air pollutants from these sources in accordance with Paragraph (b) or (c) of this Rule. 

(3) Paragraph (a)( I) of this Rule does not apply to sources whose emissions result from combusting 
only unadulterated fossil fuels or unadulterated wood if the pennit application is onh' for this 
type of combustion source and if the facility has not already been pennitted or applied for a 
permit to emit toxic air pollutants. 

(4) The owner or operator of any source other than sources required to have a permit under Par- 
agraph (a)( I) of this Rule shall ha\e ISO days to apply for a pennit or pennit moditication for 
the emissions of toxic air pollutants after recei\ing written notification from the di\ision. 

(5) When the director calls for pennit applications for facilities pursuant to Paragraph (a)(4) of this 
Rule, he shall call for permit applications on the basis of standard industrial classifications, that 
is, he shall call at one time for permits for all facilities statewide that ha\e the same four-digit 
standard industnal classification code, except those facilities located in certified local air pollution 
control agency areas. All sources at the facility regardless of their standard industrial classifica- 
tion code and including sources combusting only unadulterated fossil fuels or unadulterated 
wood shall he included in the call for permit applications. All members of a source or facility 
categoPi' not having a standard industrial classification code shall similarK' be called at one time. 

(6) The owner or operator of a source required to obtain a permit or pennit modification before 
the date on which the guidelines in I5A NCAC 2D .1 104(b) become effective shall be ret^uired 
to obtain the pennit or pemiit modification onl\ for toxic air pollutants named in 15.\ NCAC 
2D .1 104(a). nowe\er, the owner or operator of the source will later be recjuired in accordance 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



IS24 



PROPOSED RULES 



\\ ith I'araaraph (a)(4) of this Rule to obtain pcnnit modifications covering toxic air pollutants 
named inl5A NCAC 2D .1 104(b). 
(7) Pennit calls made under this Rule shall be limited to the emissions of to>dc air pollutants, 
(bl The owner or operator of a source who is applying for a pemiit or pcnnit modification to emit 
toxic air pollutants shall: 

( 1) demonstrate to the satisfaction of the Director tlirough dispersion modeling that the emissions 
of to>dc air pollutants from the facilitv will not cause anv acceptable ambient le\el listed in 15A 
NCAC 2D . 1 104 to be exceeded; or ' 
(2j demonstrate to the satisfaction of the commission or its delegate that the ambient concentration 
beyond the premises (contiguous property boundan) for the subject to.xic air pollutant will not 
ad\'crsely affect human health even though the concentration is higher than the acceptable am- 
bient le\el in 15.\ NC.AC 2D .1104 by providing one of the following demonstrations: 
(.\) the area where the ambient concentrations are expected to exceed the acceptable ambient 
levels in 15A NCAC 2D .1104 are not inhabitable or occupied for the duration of the averaging 
time oi the pollutant of concern, or 
(B) new to.xicological data that shows that the acceptable ambient level in 15A NCAC 2D .1104 
for the pollutant of concern is too low and the facility s ambient impact is below the level indi- 
cated b\" the to.xicological data. 

(c) This Paragraph shall not apply to any incinerator covered under Section 15A NCAC 2D .1200. 
The owner or operator of ;in\' source constructed before May 1, 19'-)0. who cannot supply a demon- 
stration descnbed in Paragraph (b) of this Rule shall: 

(1) submit a compli;ince schedule acceptable to the Director that wiU reduce the subject toxic air 
pollutant ambient concentration within three years after receu ing written notification from the 
Director pursuant to i'aragraph (a)(4) of this Rule to a level that will not exceed anv acceptable 
ambient level listed in 15A NCAC 2D .1 104; 

(2) demonstrate to the satisfaction of the commission or its delegate that compl>ing with the 
guidelines in I5.\ NCAC 2D .1104 is technically infeasible (the technology necessan,' to reduce 
emissions to a level to prevent the acceptable ambient levels in 15.\ NC,\C 2D .1 104 from being 
exceeded does not exist); or 

(3) demonstrate to the satisfaction of the commission or its delegate that complying with the 
guidelines in 15A NCAC 2D .11 04 would result in senous economic hardship. 

(d) If the owner or operator m;ikes a demonstration to the satisfaction of the commission or its del- 
egate pursuant to Paragraph (c)(2) or (3) of this Rule, the Director shall require the owner or operator 
of the source to apply maximum feasible control. .Ma.ximum feasible control shall be in place and 
operating vv ithin three \e;irs after receivins vvntten notification from the Director pursuant to Paraaraph 
(a)(4) of^this Rule. 

(e) If the owner or operator of a source chooses to make a demonstration pursuant to Paragraph 
(b)(2) or (c)(2) or (3) of this Rule, the commission or its delegate shall approve or disapprove the 
permit after a public notice w ith an opportumty for a pubHc hearing. The pubUc notice shaU meet the 
requirements of Paragraph (d) of Rule .0603 of this Section. .-Vnv' subsequent public hearing shall meet 
the requirements of Paragraph (e) of Rule .0603 of this Section except that the permit, if approved, shall 
not become p;irt of the North Carolina State Implementation Plan for Air Quality. 

(f) If the ow ner or operator of a facility demonstrates by modeling that any toxic air pollutant emitted 
from his facihty contributes an incremental concentration to the ambient air concentration of that 
pollutant beyond his premises which is less than the acceptable ambient level values given in 15A 
NCAC 2D .1UI4, he does not have to provide any further modeling demonstration with his permit 
application. However, the commission mav still require more stringent emission levels in accordance 
with its analysis under 15A NCAC 2D .1 107. 

(g) A pennit to emit toxic air pollutants shall not be required for: 

(1) the noncommercial use of household cleaners, household chemicals, or household fuels m pn- 
\ate residences; 

(2) asbestos demolition and renovation projects that comply with l.sA NCAC? 2D .0,^2,'^ and that 
are being done bv persons accredited bv' the Department of Invironment. Health and Natural 
Resources under the Asbestos Haz;ird hmergency Response Act; 

(3) emissions from gasoline dispensing facility or gasoline senice station operations performed as 
a part of petroleum distribution to the ultimate consumer where the emissions comph with 15.\ 
NCAC 2D .0524, .0^25, .0^28, .0932 and .0933 and that receive gasoline from bulk gasoline 



IS25 6:24 AORTH CAROLINA REGISTER March 16, 1992 



PROPOSED RULES 



plants or bulk gasoline temiinals that comply with 15A NCAC 2D .0524, .0925, .0026, .0927, 
.0932, and .0933 via tank trucks that comply with 15A N'CAC 2D .0932: 

(4) the use for agricultural operations by a farmer of fertilizers, pesticides, or other agricultural 
chemicals containing one or more of the compounds listed in 15A NCAC 2D .1104 if such 
compounds are applied in accordance with agronomic practices acceptable to the North 
Carolina Department of .Agriculture and the Commission; 

(5) manholes and customer \ents of wastewater collection s\ stems; 

(6) emissions of ctlnlene oxide rcsullimj from use as a sterilant in the production and subsequent 
storage of medical de\ ices or \\\c packaging and subsequent storage oi_ medical devices tor sale 
prcnided that the emissions Irom all new and exiNting sources located at_ the facility descnbed m 
I'araizraph (d) ot^ I .s.A NCAC 2D .(),s3S are controlled a[ least [o tjie degree descnbed m Para- 
graph (d) oi l5/\ NC.AC 2!) ■()53K and the facility complies with i'araiiraphs (e) and (Jj of I 5. A 
NCAC 2D ■II53X. 

(h) A pennit to emit to.xic air pollutants shall not be required tor an_\ facility whose actual emissions 
from all sources are no more than the following: 

Ib/yr lb/day Ib/hr lb ISmin. 

(1) acetaldehyde 1.7 

(2) acetic acid 0.24 

(3) acrolein 0.005 

(4) acpylonitrile 10 

(5) ammonia 0.17 

(6) ammonium chromate 0.0056 

(7) ammonium dichromate 0.0056 

(8) aniline 0.25 

(9) arsenic and inorganic 

arsenic compounds 0.016 

(10) asbestos 1.9x10-* 

(11) aziridinc 0.13 

(12) benzene 8.1 

(13) benzidine and salts 0.0010 

(14) bei'izo(a)pyrene 2.2 

(15) benzvl chloride 0.13 

(16) beryllium 0.28 

(17) berxllium chloride 0.28 

(18) beryllium fluoride 0.28 

(19) beryllium nitrate 0.28 

(20) bis-chloromethvl ether 0.025 

(21) bromine ' 0.013 

(22) 1,3-butadiene 12 

(23) cadmium 0.37 

(24) cadmium acetate 0.37 

(25) cadmium bromide 0.37 

(26) calcium chromate 0.0056 

(27) carbon disulfide 3.9 

(28) carbon tetrachloride 460 

(29) chlorine 0.79 0.057 

(30) chlorobenzcne 46 

(31) chloroform 290 

(32) cWoroprene 9.2 0.89 

(33) chromic acid 0.0056 

(34) chromium (VI) 0.0056 

(35) cresol 0.56 

(36) p-dichlorobenzene 4.2 

(37) dichlorodifluoromethane 5200 

(38) dichlorotluoromcthane 10 

(39) di(2-ethylhe\vl)phthalatc 0.63 

(40) dimethyl sulfate . 0.063 

(41) 1,4-dioxane 12 



6:24 l\ORTH CAROLINA REGISTER Munh 16, 1992 IS26 



PROPOSED RULES 



(42) 


cpichlorohydrin 


5600 


(43) 


ethyl acetate 




(44) 


eth\lcnediamine 




(45) 


ethylene dibromide 


27 


(46) 


ethylene dichloride 


260 


(47) 


ethylene gl>"col monoeth\l ether 




(48) 


ethylene oxide 


1.8 


(49) 


ethyl mercaptan 




(50) 


fluorides 




(51) 


formaldehyde 




(52) 


hexacWorocyclopentadiene 




(53) 


hexachlorodibenzo-p-dioxin 


0.0051 


(54) 


n-hexane 




(55) 


hexane isomers except n-hexane 




(56) 


h> drazine 




(57) 


h\ drogen chloride 




(58) 


hydrogen cyanide 




(59) 


hydrogen fluoride 




(60) 


h\drogen sulfide 




(61) 


lithium chromate 


0.0056 


(62) 


maleic anhydnde 




(63) 


manganese and compounds 




(64) 


manganese cyclopentadicnNl tricarbonyl 




(65) 


manganese tetroxide 




(66) 


mercury, alkyl 




(67) 


mercury, ary 1 and inorganic compounds 




(68) 


mercury, %'apor 




(69) 


methyl chloroform 




(70) 


methylene chloride 


1600 


(71) 


methyl eth\'l ketone 




(72) 


methyl isobutyl ketone 




(73) 


meth\l mercaptan 




(74) 


nickel carbonyl 




(75) 


nickel metal 




(76) 


nickel, soluble compounds, as nickel 




(77) 


nickel subsuUide 


0.14 


(78) 


nitric acid 




(79) 


nitrobenzene 




(80) 


N-nitrosodimethylamine 


3.4 


(81) 


pentachlorophcnol 




(82) 


perclilorocthylene 


13,000 


(83) 


phenol 




(84) 


phosgene 




(85) 


phosphine 




(86) 


polyclilorinated biphenyls 


5.6 


(87) 


potassium chromate 


0.0056 


(88) 


potassium dichromate 


0.0056 


(89) 


sodium chromate 


0.0056 


(90) 


sodium dichromate 


0.0056 


(91) 


strontium chromate 


0.0056 


(92) 


styrene 




(93) 


sulfuric acid 




(94) 


tetrachlorodibenzo-p-dioxin 


0.0002( 


(95) 


1.1.1 ,2-tetrachloro-2,2-dilluoroethane 




(96) 


1 . 1 .2.2-tetrachloro- 1 ,2-dinuorocthane 




(97) 


1,1,1 ,2-tetrachloroethane 


430 


(98) 


toluene 




(99) 


toluene-2,4-diisocyanate 





6.3 

2.5 

0.34 

0.013 

23 

0.013 

2.9 
0.63 



0.25 
0.63 
0.013 
0.13 
0.0013 
0.013 
0.013 
250 

78 
52 

0.013 

0.13 

0.013 



1.3 
0.063 

0.052 



0.25 



1100 
1100 



36 

0.64 



0,48 

0.025 
0.064 

0.0025 



0.28 



0.025 



0.013 



0.13 

0.0064 

0.24 



2.7 
0.025 



0.010 

23 

0.045 

0.016 
0.13 



16 

5.6 
1.9 



0.064 



0.008 



0.011 



3.6 
0.001 



1S2: 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



PROPOSED RULES 



(100) tnchlorocthylcne 4000 

(101) trichlorotluoromcthane 

(102) 1,1 ,2-tnchloro- 1 ,2,2-tnnuorocthane 

(103) vinyl chloride 26 

(104) \inylidenc chloride 

(105) xylene 



140 



2.5 

57 



60 
4.1 



Statiitmy Authority G.S. 143-215.3 (a) (I); 143-2 1 5. lOH: I43B-2S2. 



****************** 



1\ ot/ce i's hereby given in accordance with G.S. 
150B-2I.2 that the Environmental Management 
Commission intends to amend nde(si cited as 
/5A XCAC 2D .1104; 211 .0610. 

1 he proposed effective date of this action is .lulv 
I, 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on April 1 . 1992 at the Groundjloor Hearing 
Room, .irchdale Building, 512 A. Salisbury St.. 
Raleigh, \.C. 

IXeason for Proposed .iction: To change ac- 
ceptable ambient levels and permit deminimus 
levels for several chromate compounds. 



K^ ommcnt Procedures: A II persons interested in 
these matters are irrvited to attend the public 
hearing. Any person desiring to comment for 
more than three minutes is requested to submit a 
written statement for inchtsion in the record of 
proceedings at the public hearing. The hearing 
officer may limit oral presentation lengths to fn'e 
minutes if many people want to speak. The record 
of proceedings will remain open until April 15, 
1992. to receh-e additional written statements. 

Comments should be sent to and additional infor- 
mation concerning the hearing or the proposals 
may be obtained by contacting: 

Mr. Thomas C. .4 lien 

Division of Environmental Management 

P.O. Box 29535 

Raleigh, Xorth Carolina 27626-0535 

(919) 733-3340 



CHAPTKK 2 - KNMKONMKM Al, MANACKMKNT 

SLBCIIAPTKK 21) - AIR I'OI I.l I ION COM ROI, KKQl IRKMKN TS 

SKCTION .1 100 - COM ROL OK TOXIC AIR I'OLl.LTAN TS 

.1 104 lOXIC AIR I'OI I.LTANT CI IDKI.INKS 

(a) A facility shall not emit any of the following toxic air pollutants in such quantities that may cause 
or contribute beyond the premises (contiguous property boundary) to any significant ambient air con- 
centration that may adversely affect human health. In detcmiining these significant ambient air con- 
centrations, the division shall be guided by the following list of acceptable ambient levels in milligrams 
per cubic meter at 77° F (25° C) and 29.92 inches (760 mm) of mercury pressure (except for asbestos): 







Annual 




24-hour 


l-hour 


15-minute 






(Carcinogens) 




(C^hronic 
Toxicants) 


(Acute 

S\"stcmic 

To.xicants) 


(Acute 
Irritants) 


(1) 


acetaldehyde 










27 


(2) 


acetic acid 










3.7 


(3) 


acrolein 










0.08 


(4) 


ammonia 










2.7 


(?) 


aniline 








1 




(6) 


arsenic and inorganic 
arsenic compounds 


2.3x10' 










(7) 


asbestos 


2.8x10" 


libers 'ml 






(S) 


aziridine 






0.006 






(^) 


benzidine and salts 


1.5x10-' 










(10) 


benzo(a)pyrcne 


3.3x10-' 











6:24 NORTH CAROLIN.i REGISTER March 16^ 1992 



1S2S 



PROPOSED RULES 



(II) 
(12) 
(13) 
(14) 
(15) 
(16) 
(17) 
(IS) 
(19) 
(2(1) 
(21) 
(22) 
(23) 
(24) 
(25) 
(26) 
(27) 
(28) 
(29) 
(30) 
(31) 
(32) 
(33) 
(34) 
(35) 
(36) 
(37) 



bcnz\l chloride 
benilium 
ben Ilium chlonJc 
ben Ilium fluonJe 
benilium nitrate 
bis-chloromcth\l ether 
bromine 
cadmium 
cadmium acetate 
cadmium bromide 
carbon disulfide 
chlorine 
chlorobcnzene 
chloroprcne 
ere sol 

p-dichlorobenzene 
dichJorodifluoromethane 
dichJorofluoromethane 
di(2-ethylhexyl)phthalate 
dimethyl sulfate 
1,4-dioxane 
epichlorohydrin 
ethyl acetate 
ethylenediamine 
ethylene dibromide 
ethylene dichJonde 
eth\lene g]_\col monoeth\'l 
ether 

(38) eth\"I mercaptan 

(39) fluondes 

(40) formaldehyde 

(41 ) hexachlorocyclopentadiene 

(42) hexachlorodibenzo-p-dioxin 

(43) n-hexane 

(44) hexane isomers except 
n-hexane 

(45) hydrazine 

(46) hydrogen chlonde 
h\drogen cyanide 
hydrogen fluoride 
h\ drogen sulfide 
maleic anh\ dride 
manganese and compounds 
manganese cyclopentadienyl 

tricarbon\l 

manganese tetroxide 

niercun', alkyl 

mercun,'. an,l and inorgamc 
compounds 

mercun'. vapor 

meth\l chloroform 

ineth>l eth\ 1 ketone 

meth) 1 isobutyl ketone 

methyl mercaptan 

nickel carbonyl 

nickel metal 

nickel, soluble compounds 
as nickel 



0.5 



(47) 
(48) 
(49) 
(50) 
(51) 
(52) 

(54) 
(55) 

(56) 
(57) 
(58) 
(59) 
(60) 
(61) 
(62) 
(63) 



4 1x10"' 
4.1x10' 
4.1x10' 
4.1x10' 
3.7x10" 

5.5x10' 
5.5x10' 
5.5x10' 



8.3x10- 



0.186 


0.0375 


2.2 


0.44 


248 


0.5 


0.03 


0.003 


0.56 



0.3 



0.0006 

0.14 
0.03 

0.012 
0.031 

0.0006 
0.0062 
0.00006 

0.0006 
0.0006 
12 
3.7 
2.56 

0.0006 
0.006 

0.0006 



0.; 



0.9 



3.5 



66 



140 

2.5 



4.0x10' 






3.8x10' 








0.12 


1.9 
0.1 




0.016 


0.25 




0.0006 


0.01 


7.6x10' 


1.1 





0.15 

360 

0.7 

0.25 

-> 1 



0.1 



245 



30 



0.05 



hS29 



6:24 SORTH CAROLISA REGISTER March 16, 1992 



PROPOSED RULES 



0.06 


0.5 


0.003 


0.025 




0.95 


0.0025 






10.6 


0.012 


0.1 



(64) nickel subsulfide 2.1x10-* 

(65) nitric acid 

(66) nitrobcnz.ene 

(67) N-mtrosodimeth\ Limine 5.0x10^ 

(68) pentachlorophenol 

(69) phenol 

(70) phosgene 

(71) phosphine 0.13 

(72) polychlorinated biphenyls 8.3xl0-^ 

(73) styrene 

(74) sulfuric acid 

(75) l,l,l,2-tetrachloro-2,2- 

dilluoroethane 52 

(76) l,l,2,2-tetrachloro-l,2- 

ditluorocthane 52 

(77) 1,1,1,2-tetrachloroethane 6.3x10^ 

(78) toluene 4.7 56 

(79) tolucne-2,4-diisocyanate 0.0005 0.015 

(80) tnchlorofluoromcthanc 560 

(81) 1,1,2-tnchloro- 1,2,2- 

trilluorocthane 950 

(82) vinyl chlonde 3.8x10^ 

(83) vinvlidcne chloride 0.12 

(84) x\lene 2.7 65 

(b) A facility shall not emit after .May 1, 1991, any of the following toxic air pollutants in such 
quantities that may cause or contnbutc beyond the premises to any significant ambient air concen- 
tration that may adversely affect human health. In determining these significant ambient air concen- 
trations, the division shall be guided by the following list of acceptable ambient levels in milligrams per 
cubic meter at 77° F (25° C) and 29.92 inches (760 mm) of mercury pressure: 



(1) acrylonitrile 

(2) ammonium chromate 

(3) ammonium dichromate 

(4) benzene 

(5) 1,3-butadiene 

(6) calcium chromate 

(7) carbon tetrachloride 

(8) chloroform 

(9) chromic acid 

(10) chromium (\'l) 

(11) ethylene o\ide 
(44f lithium chromatU ' 

(12) (4-7H methylene chloride 

(13) f4-4-) pcrchloroethylene 

( 14) (4-^ potassium chromate 

(15) (444 potassium dichromate 
( 1^) (4^ sodium chromate 
( 17) f4Xf sodium dichromate 
(IS) f+% strontium chromate 8.3x10' 
(U') <-3Uf tetrachlorodibenzo-p-dioxin 3.0x10' 
(211) (-344 tnchloroethylene 5.')xlO- 
(21) /inc chromate 8.3x10'* 

Statutory Authority G.S. /43-2/5.3 la) (/); 143-215.107 (a) (3). (4 1. (5): /43B-2S2. 



.Annual 


24- 1 lour 


(Carcinogens) 


(Chronic 




Toxicants) 


1.5x10^ 




ii.}\W 


6.2x1 0-* 


S.JxlO^ 


6.2x10^ 


1.2x10' 




1.7x10' 




8.3x10* 




6.7x10^ 




4.3x10' 




8.3 k 10-^ 


6.2x10" 


8.3x10' 




2.7x10' 




8.3x10* 




2.4x10' 




1.9x10' 




8.3x10' 


6.2x10' 


8.3x10' 


6.2x10' 


8.3x10' 


6.2x1(1' 


8.3x10' 


6.2x10' 



6:24 iWRTH CAROLIl\'A REGISTER March 16, 1992 1S30 



PROPOSED RULES 



SLBCIIAPIEK 211 - PKOCKDLRF.S FOR I'KKMITS: .\PI'RO\ ALS 
SECTION .0600 - AIR Ql ALITV PERMITS 

.0610 PERMIT REQl IREMENTS FOR TOXIC AIR POELLTAMS 

(a) No person shall cause or allow any to.\ic air pollutant named in 15.-\ NCAC 2D .1104 to be 
emitted into the atmosphere from any source without ha\ing receised a pemiit from the commission 
in accordance with the following: 

(1) Sources and modifications of sources which require a permit or permit modification because 
of the applicability of Sections in Subchapter 2D of this Chapter other than Section .11 00 and 
which began construction after .Apnl .^0, 1990, shall ha\e recei\ed a pemiit or permit modifica- 
tion to emit toxic air poUutants before beginning construction and shall be in compliance with 
their permit when begmmng operations. 

(2) The owner or operator of any incinerator subject to I5.\ NC.VC 2D .1200 which began con- 
struction or was in operation before October 1, 1991, shall apply for a permit or a pennit 
modification to emit to.xic air pollutants in accordance with the compliance schedules contained 
in I5A NCAC 2D .1209. All other sources at the facility with the incinerator shall be included, 
and the owner or operator of these sources shall apply for a permit or a pennit modification to 
emit to.\ic air pollutants from these sources in accordance with Paragraph (b) or (c) of this Rule. 

(3) Paragraph (a)( 1) of this Rule does not apply to sources whose emissions result from combusting 
only unadulterated fossil fuels or unadulterated wood if the permit application is only for this 
type of combustion source and if the facility has not already been permitted or applied for a 
permit to emit to.\ic air pollutants. 

(4) The owner or operator of any source other than sources required to have a permit under Par- 
agraph (a)(1) of this Rule shall have ISO days to apply for a permit or permit modification for 
the emissions of to.xic air pollutants after rccei\Lng written notification from the di\ision. 

(5) When the director calls for permit apphcations for facilities pursuant to Paragraph (a)(4) of this 
Rule, he shall call for permit applications on the basis of standard industrial classifications, that 
is, he shall call at one time for permits for all facilities statewide that ha\e the same four-digit 
standard industrial classification code, except those facilities located in certified local air pollution 
control agency areas. rVU sources at the facihty regardless of their standard industrial classifica- 
tion code and including sources combusting only unadulterated fossil fuels or unadulterated 
wood shall be included in the call for permit applications. .AU members of a source or facihty 
categoPv" not having a standard industnal classification code shall simUarh' be called at one time. 

(6) The owner or ojx;rator of a source required to obtain a permit or permit modrtication before 
the date on which the guidelines in 15.\ NC.VC 2D .1 104(b) become effective shall be required 
to obtain the permit or permit modrtication only for toxic air pollutants named in 15A NCAC 
2D . 1 104(a). However, the owner or operator of the source will later be required in accordance 
with Paragraph (a)(4) of this Rule to obtain permit modifications co\cring to.xic air pollutants 
named in 1 5.A NCAC 2D . 1 104(b). 

(7) Permit calls made under this Rule shall be limited to the emissions of toxic air pollutants. 

(b) The owner or operator of a source who is appl> ing for a permit or permit modification to emit 
to.xic air pollutants shall: 

(1) demonstrate to the satisfaction of the Director through dispersion modeling that the emissions 
of toxic air pollutants from the facilit\ will not cause anv acceptable ambient Ie\el li.stcd in 15A 
NCAC 2D . 1 104 to be exceeded: or ' 

(2) demonstrate to the satisfaction of the commission or its delegate that the ambient concentration 
be\'ond the premises (contiguous property boundan) for the subject toxic air pollutant will not 
adversely ;ilfect human health e\'en though the concentration is higher than the acceptable am- 
bient le\'el in 15A NCAC 2D .1104 b\" pro\'iding one of the following demonstrations: 

(A) the area where the ambient concentrations are expected to exceed the acceptable ambient 
levels in 15.\ NC.\C 2D .1 104 are not inhabitable or occupied for the duration of the averaging 
time of the pollutant of concern, or 

(B) new toxicological data that shows that the acceptable ambient le\el m 15.\ NCAC 2D .11 04 
for the pollutant of concem is too low and the facilit\ s ambient impact is below the le\cl indi- 
cated bv the to.xicoIoacaJ data. 



1S31 6:24 SORTH CAROLINA REGISTER Manh 16, 1992 



PROPOSED RULES 



(c) This Paragraph shall not apply to any incinerator covered under Section 15A NCAC 2D .1200. 
The owner or operator of any source constnicteJ before May 1, 1990, who cannot supply a demon- 
stration described m Paragraph (b) ot this Rule shall: 

(1) submit a compliance schedule acceptable to the Director that will reduce the subject toxic air 
pollutant ambient concentration within three years after recei\'ing written notification from the 
Director pursuant to Paragraph (a)(4) of this Rule to a level that u ill not exceed anv acceptable 
ambient level hsted in \5.\ NCAC 2D .1104; 

(2) demonstrate to the satisfaction of the commission or its delegate that comphing with the 
guidelines m 15A NCAC 213 .1104 is technicalK infeasible (the technology necessar\' to reduce 
emissions to a level to pre\cnt the acceptable ambient le\els in 15/\ NCAC 2D .1 104 from being 
exceeded does not exist): or 

(3) demonstrate to the satisfaction of the commission or its delegate that complying with the 
guidelines in 15A NCAC 2D .1104 would result in senous economic hardship. 

(d) If the owner or operator makes a demonstration to the satisfaction of the commission or its del- 
egate pursuant to Paragraph (c)f2) or (3) of this Rule, the Director shall rec]uire the owner or operator 
of the source to apply ma.ximum feasible control. .Maximum feasible control shall be in place and 
operating within three years after recei\ ing wntten notification from the Director pursuant to Paragraph 
(a)(4) of this Rule. 

(e) If the owner or operator of a source chooses to make a demonstration pursuant to Paragraph 
(b)(2) or (c)(2) or (3) of this Rule, the commission or its delegate shall approve or disappro\e the 
permit after a public notice with an opportunity for a pubhc hearing. Ihe public notice shall meet the 
requirements of Paragraph (d) of Rule .0603 of tliis Section. Any subscc]uent pubhc hearing shall meet 
the requirements of Paragraph (e) of Rule .0603 of this Section except that the permit, if approved, shall 
not become part of the North Carolina State Implementation Plan for Air Quality. 

(f) If the owner or operator of a facility demonstrates by modeling that any toxic air pollutant emitted 
from his facihty contributes an incremental concentration to the ambient air concentration of that 
pollutant beyond his premises which is less than the acceptable ambient le\el values giverr in 1 5.\ 
NCAC 2D .1104, he does not have to provide any further modeling demonstration with his pemiit 
apphcation. However, the commission may still require more strin'jent emission levels in accordance 
with its analysis under 15A NCAC 2D .1 107. 

(g) A permit to emit toxic air pollutants shall not be required for: 

( 1 ) the noncommercial use o{ household cleaners, household chemicals, or household fuels in pri- 
\'ate residences; 

(2) asbestos demolition and reno\ation projects that comply with 15.^ NCAC 2D .0525 and that 
are being done by persons accredited by the Department of I n\ironment. Health and Natural 
Resources under the Asbestos Hazard Lmergency Response Act; 

(3) emissions from gasoline dispensing facility or gasoline service station operations performed as 
a part of petroleum distribution to the ultimate consumer where the emissions compK with 15.\ 
NCAC 2D .0524, .0925, .0928, .0932 and .0933 and that receive aasohne from bulk iiasoline 
plants or bulk gasohne terminals that comply with 15A NCAC 2D .0524, .0925, .0926, .0927, 
.0932, and .0933 via tank trucks that comply with I5A NCAC 2D .0932; 

(4) the use for agiicultural operations by a farmer of fertilizers, pesticides, or other agricultural 
chemicals containing one or more of the compounds listed in 15A NCAC 2D .1104 if such 
compounds are applied in accordance with agronomic practices acceptable to the North 
Carolina Department of Agriculture and the Commission. 

(5) manholes and customer \cnts of wastewater collection systems; 

(h) A pennit to emit toxic air pollutants shall not be required for any facihty whose actual emissions 
from all sources are no more than the following: 

lb \r lb day lb hr lb 15 min. 

(1) acctaldehydc 1.7 

(2) acetic acid 0.24 

(3) acrolein 0.005 

(4) acrylonitrile 10 

(5) ammonia 0.17 

(6) ammonium chromate 0.0056 0.013 

(7) ammonium dichromate 0.0056 0.013 

(8) aniline 0.25 

(9) arsenic and inorganic 



6:24 NORTH CAROLINA REGISTER March 16, 1992 1,S32 



PROPOSED RULES 



arsenic compounds 0JJ16 

(10) asbestos 1.9xl0-'' 

(11) aziridine 0.13 

(12) ben/ene 8.1 

(13) ben/idinc and salts 0.0010 

(14) bei"i/o(a)pyrene 2.2 

(15) benzyl chloride 0. 1 3 

(16) benflium 0.28 

(17) ben Ilium chlonde 0.28 
(IK) beryllium lluonde 0.28 
(1*)) beryllium nitrate 0.28 
(20) bis-chloromethvl ether 0.025 

(21 1 bromine ' 0.013 

(22) 1,3-butadiene 12 

(23) cadmium 0.37 

(24) cadmium acetate 0.37 

(25) cadmium bromide 0.37 

(26) calcium chromate 0.0056 

(27) carbon disulfide 3.9 

(28) carbon tetrachloride 460 

(29) chlorine 0.79 0.057 

(30) chlorobenzene 46 

(31) chlorofonn 290 

(2,2) chloroprene 9.2 0.89 

{2,\) chromic acid 0.0056 0.013 

(34) chromium (VI) 0.0056 

(35) cresol 0.56 

(36) p-dichlorobenzene 4.2 

(37) dichlorodifluoromethane 5200 

(38) dichlorotluoromethane 10 

(39) di(2-ethvlhexyl)phthalate 0.63 

(40) dimethyl sulfate 0.063 

(41) I.4-dioxane 12 

(42) cpichlorohydrin 5600 

(43) ethyl acetate 36 

(44) ethylencdiamine 6.3 0.64 

(45) ethylene dibromide 27 

(46) ethylene dichlonde 260 

(47) ethylene glycol monoethyl ether 2.5 0.48 

(48) ethylene o.xide 1.8 

(49) ethvl mercaptan 0.025 

(50) fluorides 0.34 0.064 

(51) fomialdehyde O.UIO 

(52) he.xachlorocyclopentadiene 0.013 0.0025 

(53) hexachlorodiben/o-p-dio.\in 0.U051 

(54) n-hexane 23 

(55) he.xane isomers except n-hcxane 23 

(56) hydrazine 0.013 

(57) hydrogen chlonde 0.045 

(58) hydrogen cyanide 2.9 0.28 

(59) hydrogen fluondc 0.63 0.016 

(60) hydrogen sulfide 0.13 
fW4 lithium chromatL ' 0.0056 

(61) f^ malcic anhydnde 0.25 0.025 

(62) fAi+ manganese and compounds 0.63 

( 63 ) f4>4-) manganese cyclopenladienyl tricarhciinl 0.013 

(64) (-^ manganese tetroxide 0.13 
(_652 ^^»H mercnir), alkyl 0.0013 



IS.^i 



6:24 ^ORTH CAROLL\A REGISTER Match 16, 1992 



PROPOSED RULES 



(66) f47-^ mercury, ar\l and inorganic compounds 0.013 

(67) f6iC-^ mcrcurv', vapor 0.013 

(68) m^ mcthyfchloroform 250 16 
(6Q) pUf methylene chlonde 1600 

nn ir^ methyl ethyl ketone 78 5.6 

(^1 1 (-^ methyl isobutyl ketone 52 1 .9 

(^2 1 f^^ methvl mercaptan 0.013 

(73) (^-H nickel carbonyl 0.0 1 3 

(74) Ir^ nickel metal 0. 1 3 

( ~5) (J4f nickel, soluble compounds, as nickel 0.013 

(^6) f^ nickel subsultide 0. 14 

(77) (^Z^ nitric acid 0.064 

(78) (^% nitrobenzene 1.3 0.13 
(7*-)) (-S% N-nitrosodimethylamine 3.4 

(80) fi4-^ pentachlorophenol 0.063 0.0064 

(81 ) f^ perchloroethvlene 13,000 

(82) f^ phenol 0.24 

(83) (A4f phosgene 0.052 

(S4) pvi^ phosphine 0.008 

(85) (-Ji64 polychlorinatcd biphcnyls 

(86) (-ivT-^ potassium chromate 

(87) fXiy^ potassium dichromate 

(88) f^ sodium chromate 

(89) fOtt^ sodium dichromate 

(00) (-'i4-)- strontium chromate 

(01) fUO^ stvrene 

(02) fii.i^ sultunc acid 
(93) f04-} tetrachlorodiben/o-p-dioxin 

(04) fa>} 1.1.1 ,2-letrachloro-2.2-difluoroethane 

(05) fi>#+ l,l,2.2-tetrachloro-1.2-ditluoroethane 

(06) i^'^ 1,1,1 ,2-tetrachloroethane 

(07) fO^ toluene 98 3.6 
r)8_) «-y% toluene- 2,4-diisocyanate O.OIl 0.001 
(0^)) f444U} trichloroethylene 4000 

( IDD) (4444-} tnchlorofluoromethane 140 

(101) (-W^ 1 , 1 .2-tnchloro- 1 ,2.2-tnfluoroethane 60 

(11)2) (-U4i> vui\ 1 chlonde 26 

(103) (4m^ \in\lidene chloride 2.5 

MiMi (444^ xylene 57 4.1 

( 105) zinc chromate .0056 



5.6 






0.0056 


0.013 




0.0056 


0.013 




0.0056 


0.013 




0.0056 


0.013 




0.0056 




2.7 




0.25 


0.025 


0.00020 



1100 
1100 

98 
0.011 





Stanaoty Authority G.S. /43-2/5.3 fa) (I); 143-21 5. I0.'<: 1438-282. 



TITLE 16 



DKPAR IMKNT OF PL BLIC 
KDl CAIION 



No 



otice is hereby given in accordance with G.S. 
1 508-21. 2 that the State 8oard of Education in- 
tends to amend tnle(sj cited as 16 \CAC 68 
.0004; 6C .0402. 



I he proposed effective date of this action is Julv 
/. I<)Q2. 

The public hearing for 16 \CAC 6C .0402 will 
be conducted at 9:30 a.m. and the public hearing 
for 16 \CAC68 .0004 will be conducted at 10:30 



a.m. on April 8. 1992 at the 3rd Floor Board 
Room, Education Bld^., 116 West Edenton Street, 
Raleigh. SC 27603- HI 2. 

IXcason for Proposed .Action: 16 .\C.tC 68 
.0004 - Conform ride to le'.;islative chan'^es to G.S. 
/I5C-246. '16 .\CAC6C'.0402 - Makende easier 
to administer and more responsi\-c to local needs. 



G 



om/nent Procedures: .Itiy interested person 
may submit views either in writing prior to or at 
the public hearing or orally at the hearing or by 
mailing comments to the Department by .April 15, 
1992. ' 



6:24 i\ORTH C A ROLfKi REGISTER March 16, 1992 



1,S.U 



PROPOSED RULES 



CIIAI'I tR 6 - KI.KMKN r AR\: StCONDARY 
KDl CA HON 

SI BCIIAI'TER 6B - STl OEM 
TRANSPORTATION S\STEM 

.0004 HIS ROI IKS 

(a) I'niu i piil '. Superintendents shall plan bus 
routes in a way desiaied \.o eiinsene gasoline and 
to use buses ctticientiv . iiicludini; conrminij 
routL> 'f to t4+* goi>grapli i eal t+FT>rt a^ '. ignijd to t4w 
' jclmnl. L ' liniinatint! osorlappin ' j niutL"i. bucktracii 
mileage rt«4 unneco 'i'i ap . t-Hf>^ wni reducing 
baeking *h4 deadheading to (W fert- r . top. 

(b) A route may not deviate from a general 
path of direction for a distance of less than one- 
half mile and then return to the original path ex- 
cept for groups of 10 or more pupils, unescorted 
pupils in grades K-3 or special education pupils. 

(e) I'nless safety factors require othenvise, 
principal ', superintendents may not plan bus 
stops closer together than 0.2 miles. Each stu- 
dent must be at the designated stop at the time 
of the bus's arrival. 

(d) Except in an emergency, regular and sub- 
stitute drivers will transfer a bus at the school. 

(e) Dri\ers shall park buses at night and on 
weekends in locations which lessen opportunities 
for persons to steal gasoline and commit 
vandalism. 

(f) Service personnel shall maintain buses to 
ensure greatest gasoline economy. 

(g) Each LEA will establish the time required 
for each bus route and certify this time. The 
1 E.\ will use this certified time to contract with 
the dri\'er for each route operated. The LEA will 
determine the hourly rate of pay by a salary 
schedule adopted by the SBE. 

Statiaoiy Authority G.S. I l5C-240(c). 

SL BCHAPTER 6C - PERSONNEL 



children, parents and dependents living in the 
household, except that in the case of death, the 
term does not include dependents but does in- 
clude siblings, grandparents, grandchildren, and 
the step, half and in-law relationships. 

(c) Employees must take leave in irunimum 
units one-half or whole workdays. 

(d) Employees may accumulate sick leave in- 
definitely and may transfer sick lea\'e as in the 
case of vacation leave. 

(e) I.EAs may ad\ance sick lca\e not to exceed 
the amount which would be earned witliin the 
school year. 

(f) An emplo>ee who is overdrawn on sick 
leave when the employee separates from ser\ice 
will ha\'e the excess leave corrected through a 
deduction from the fmal salary^ check. 

(g) If the period of sick lea\'e taken is less than 
30 days, the employee will return to his or her 
position with the LEA. If the period of tempo- 
rary disability exceeds 30 da\s, the superinten- 
dent shall determine when the employee is to be 
reinstated. The superintendent makes this deci- 
sion based on the welfare of the students and the 
need for continuity of instruction. 

(h) 1 he LEA shall credit an employee who 
separates from service and returns within 60 
months with all sick leave accumulated to the 
time of separation. 

(i) L'pon exhaustion of sick lea\'e, including the 
extended 20 days or optionalK used \acation 
lea\'e. as permissible, the emplo_\ee may shall be 
placed on lea\e \\ ithout pay for a penod of up 
to one year or the end of the contracted period 
of emplo\ment. \\hiche\er is shorter. 1 his may 
be extended be_\(ind t*»t» ver+f these time limits 
as appro\ed by the local board. 

Statutoiy Authority G.S. //5C-/2iSi: II5C-336. 

riTLE IS - SECRK I ARV OF S lAl E 



SECTION .0400 - I.E. WE 

.041)2 SICK LEA\ E 

(a) Public school employees who earn \acation 
lea\e also earn sick lease. Lull-time employees 
earn one day per month. Part-time employees 
cam and may use sick leave in proportion to the 
part of the day for which the\ arc emploved. 

(b) 'Lhe LEA may allow sick leave to be used 
lor temporar) disabilit\ which prevents an em- 
ployee trom performing his or her usual duties, 
illness in the employee's immediate family and 
attendant medical appointments wliich require 
the emplovee's attendance, death in the immedi- 
ate family and medical appointments for the em- 
ployee. The immediate family includes spouse, 



J\ oticc is hereby gi\-en in accordance with G.S. 
I50B-2I.2 that the \.C. Department of the Sec- 
retary of State intend.<; to adopt rule(s) cited as 
IS SCAC S .1101 - .1105. 

1 he proposed effective date of this action is June 
I. 1 9') 2. 

1 he public hearing will be conducted at 7:00 
p.m. on the following dates and locations: 

April 6. 1002 
Yancey County Courthouse 

Main Street 
Burns\'iUe, Sorth Carolina 



1S35 



6:24 iSORTH CAROLINA REGISTER Manh 16, 1992 



PROPOSED RULES 



April s. 1902 
Pittsboro Memorial Library 

Highway 64 West 
Pilisboro. Xorili Carolina 

April 14. iw: 

Pitt County Courthouse Annex 

District Courtroom So. 2 

3rd and Evans Street 
Greemille. Sorth Carolina 

IXeason for Proposed .-let ion: To establish pro- 
cedures for the statewide implementation of uni- 
form indexing standards in all \orth Carolina 
Registers of Deeds offices. 

(^ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing, or in writing by April 15, 1992 by 
mail addressed to Mr. Phil Stanley, Director, 
Land Records Management Di\ision. \.C. De- 
partment of the Secretary of State, P.O. Box 
27687. Raleigh. N.C. 2761 L For copies of any 
information related to the hearings, call (919) 
733- 7006 or write to the aforementioned address. 



C II AI'IKK 8 



I AM) KFCOKDS MANA(;KMKM 
niMSION 



SECTION .1 100 - MIMMIM STANDARDS 
FOR INDEXING LAN!) RECORDS 

.1101 INIRODLCnON AND PLRrOSE 

(a) I he Rcmsters of Deeds of North Carolina 
are deilicated to sound iTiaiiaiJcment practices. 
progressi\e land records inoderni/ation efforts. 



and the hest pi^ssible assistance to t_hc citizens 
who depend on their ser\ ices loward this end, 
the N C ■ .Association of Reiiisters o^ Deeds, m 
conjiinclion with the Real Pro pert \ Section of 
the N.C. Bar .Association. de\eloped indexing 
standards w hich shall be administered statewide 
beeinniiiiz .Iul\ 1. l'-^).V 1 he standards \ull bnnu 



nnilomiitN [o die meth(Hls used tor inde.xinL! land 
records documenls m each Registers of Deeds 
otfice and will ultimateh benefit everx' person 
who Uses a Register oi l^i^'sds facilit\ m con- 
ducting an\ phase i2i i land parcel and title 
search. 

(b) The Land Records Management Division, 
hereinaiter relened to as "Di\ ision". ij; responsi- 
ble K)r encouraging local and countN' govern- 



ments to ulili/e moi-lei'n methods, techniques, 
equipment, and documentation which will im- 
pro\e the quality' ot public ser\ ice with respect 
to land records and to achieve a high degree (j| 
standardization throughout the .State, The Di\i- 



sion also provides technical assistance to local 
and county governments in their eflorts to further 
enhance their abilities to provide the best pcissi- 
ble serv ice Ui their public. 1 he Division has 
therefore been designated bv the North Carolina 
the 



Secretary 



Statt 



Division within the 

North Carolina Department ot^ the Secretary of 
State best able to assist the Secretary in the im- 
plementation ot the lailes m this Section. 

(c) I he Indexing Standards, hereinafter refeired 
to as "Standards", published m .August R)9(l and 
approy ed hv the N.C. .Association of Registers 
ot^^ Deeds in September i^'^XI. and bv the Real 
Property Section of the N.C. Bar AssociaticMi m 
N(nember l'-^)0. are hereby incorporated bv ret- 
e re nee includini; anv subsequent amendments 
and editions. The Standards contain unifonn 
procedures to be used bv all Registers of Deeds 
for indexing land records. C\ipies of the Stand- 
ards may be viewed or obtainei.1 bv contacting the 
I and Records .Management Division, N C. De- 
partment of the Secretan of State. P.O. Box 
276N7. Raleigli. NC 27611. (^)19) 7,C^7()(I6. The 
cost for receiving a copy of the Standards will be 
minimal to cover reproduction and postage. 

Statutory Authority G.S. 147-37; 147-54.3 [bl); 
/50B-21.6: 161-22.3. 



.1102 lECllNlCAL ASSISTANCE 

The Division shall make every effort, within 
reason, (.lepending on financial and perscinnel re- 
sources, to assist any l^egjster of Deeds in mak- 
ing the transition to^ the Standards. Requests for 
assistance trom Registers of Deeds shall be in 
w ritmg and submitted to the Division at the ad- 
dress contained m Rule . 1 111 1 oi_ this Section. 

I he requests for assistance shall descnbe in detail 
the problems encountered ani-1 types ot assistance 
needed m making the transition. 

Statutoiy Authority G.S. 147-54.3 lb); 147-54.3 
(bl j; 147-54.3 (e); 161.22.3. 

.1 10.^ ( OMI'I IAN{ K .\L DIIS 

(a) hi order Ui detemiine that lull statewide 
compliance vv illi the Standards has been accom- 
plished, the Division shall request documentation 
from time to time from the Registers of Deeils to 
assess adilitional needs such as assistance and 



problem solving, and to confimi progress of 
compliance iri specific counties. 

(b) .Alter .lulv 1, 1^)').', the Division shall pcri- 
tulically make on-site v isits to observe Registers 
o[ Deeds operations and report to die respective 
county boards c^ commissioners and the current 
I'lesident of the NC'. .Association o'i Registers of 



6:24 i\ORTH CAROLINA REGISTER March 16. 1992 



hHi6 



PROPOSED RULES 



Deeds findiniis of compliance or non-compliance 
uilii the Standards. 

StaiiiUny Auihoriiy G.S. 147-54.3 (b); 147-54.3 
(bh: 161-22.3. 

.1 104 I AM) RECORDS AD\ ISORY 
COMMH rKF ON INDKXINC;, 
COMPl IKRI/AIION 

The Land Records AdvisoPv Committee on In- 
dexintz and ("omputen/ation (heremattcr referred 
to as "Committee ') is an eNtahiishcd slandimz 
committee of the N.C. .Association of Reasters 
c^ Deeds. The Committee was appointed for the 
purpose of ohtaininL! the goals and ohiecti\'es 
that ha\e been set bv the Cieneral Assembly rcl- 
ati\c to the I and Records Mana^iement Di\ision 



and the Reiiisters of Deeds ottices throughout the 
State. The ("omniittee pnnides the Di\ision 
with expertise. ad\"ice. and uuidancc with regard 
to t_he staleuide niodenii/ation (M land records in 
general, and specilicalK the implementation of 
unilonn indexing standards. I he Committee's 
guidance will be essential to the Dnision s ability 



\o_ pro\ ide know ledgable teclinical assistance to 
each count\ s elf oils m ctmipKing with the 
Included in the Committee's func- 



Standards 

tions shall be recommendations lor additional 

standards of indexing and changes to the existing 

standards. 

Staiuiorv .■litihorilv G.S. 147-54.3 {hi; 147-54.3 
(bl ): 161-22.3. 



.1 105 ciia>(;f,s .\m) addi iions to the 
siandards 

( a ) The Committee and the Di\ision shall 
loinlK" consider changes and additions to the 
Standards after sufficient study and factual justi- 
ticalion. Changes or additions shall represent the 
necdN of [he maionts o[ tjie membership of the 
N.(\ .Association of Registers of I^eeds. 



(b) The Committi. 



id Dnision s reasons for 



considering the addition to or amendment of the 
Staiulards shall include, but not be limited to. the 
lollowing: 

( 1 ) a detennination is made b\ the Committee 
that additional standards are necessary' to 
cam" out the established goals and objec- 
ti\'es ot the General .\ssembl\' with regard 



to land records; 



(2) a deteiminalion is made b\ the Committee 
that standards are lacking that would af- 
ford the Registers iM Deeds additional 
guidance to maintain higher degrees of 
uniformity and ser\ice to the public: 



a request is submitted to the Committee 
for consideration to add to or change the 



Standards: and 



13] 

(4) results of one or more counties' efforts to 

implement the new standards prcne that 

(^nc or more aspects vA_ a standard or 

standards is not ptissible or feasible. 

fc) F'rocedures for adding to or amending the 

Standards shall be as follows: 



1 1 1 a majonty ot die membership of the 
Committee shall detemiine there is justi- 
fiable cause for an additum or amendment 
to the Standards: 

(2) a maiontN' of the Real Property Section 
Suhc(^mmittee on Ccnnputenzation of 
1 and Records, and subsequently the 
I'xecutiye Council oj_ the N.C. IJar Asso- 
ciation, shall agree with the addition or 
amendment: and 

(3) a majonty ot the full membership of the 
N.C. Registers of Deeds .Association shall 
appro ye the addition or amendment. 

Stalulofj Authority G.S. 147-54. 3(bl ); 161-22.3. 



I ITLK 21 



OCCl PAIIONAL LICENSrSG 
BOARDS 



N. 



otice is hereby given in accordance with G.S. 
I50B-2I.2 that the North Carolina Board for 
General Contractors intends to adopt nde(s ) cited 
as 21 SCAC 12 .0207. .0409, .0505 - .0506, .090/ 
- .09/2; amend nde(s) cited as 2/ \CAC /2 
.0/03, .0202, .0205, .0302. .0306. .0408, and 
.0503. 



Th 



he proposed cffcctiye date of this action is June 
/, /'>92. 

1 he public hearing will be conducted at 9:00 
a.m. on .April 4, /992 at the Sheraton Greensboro 
Hotel and Conference Ctr., 303 Sorth Elm Street. 
Appalachian Room, Greensboro . .\C. 



R. 



■ason for Proposed .iction: 



Rule 2j_ NC A( \2 .0207 - This Rule is adopted to 
specify the licensure requirements of a joint ven- 
ture. 

Rule 2J_ NCVr [1 .0409 - This Rule is adopted to 
establish a reasonable fee for examination re\iew 
workshops. 

Rule 2J_ NCAC n .0505 - This Rule is adopted to 
enable the Board to maintain an accurate register 
of all applicants Jor licensure. 



IS.V 



6:24 AORTH CAROLL\A REGISTER March 16, 1992 



PROPOSED RULES 



Rule 2j_ NCAC n .O.SOf) - This Rule is adopted to 
establish a reasonable fee for a status of licensure 
affidinut. 

Rule 2j_ NCAC \2 .0202 - l^his Rule is amended to 
clarify what construction activities fall within spe- 
cific classifications of general contracting. 

Rule 2_l_ NCAC _[2 .0 1 03 - This amendment is to 
reflect an amend/nent to statute. 

Rule 2j_ NCAC \2 .0205 - This Rule is amended to 
clarify the filing deadline for applicants seeking 
qualification by employment of a person who has 
already passed an examination and to establish 
criteria governing the use of qucdifying parties for 
application purposes. 

Rule 2j_ NCAC \2 .0302 - This Rule is amended to 
establish a reasonable fee for the cost of publica- 
tion and mailing of the application package for 
licensure. 

Rule 2J_ NCAC H ■'>'<"<^ - This Rule is amended to 
eliminate gender reference and clarify need for 
completed application for examination. 

Rule 2J_ N( A( \2 .040X - This Rule is amended to 
provide criteria for a responsible managing person 
taking an examination for an applicant. 

Rule 2J_ NCAC [2 .QgOJ - This Rule is amended to 
clarify which portions of Rule .0204 are applicable 
to application for renewal of license and to require 
evidence of continued financial responsibility if the 
Board deems it appropriate. 

Rules 2J_ NCAC \2 .0901 ; .0912 - These Rules are 
adopted to implement the Homeowners Recovety 
Fund. 

C omment Procedures: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
nde or ride change may file a notice with the 
Board at least 10 days prior to the public hearing 
at which the person wishes to speak. Comments 
should be limited to 10 minutes. The Board's 
address is 3509 flaworth Drhc. Suite 302, P.O. 
Box I7IS7. Raleigh. S.C, 2''6I9. Any person 
may file written submission of comments or argu- 
ment at any time up to and includifn; .Ipril 15, 
1992. 

CIIAPIKR 12 - I ICFNSINC; HOARD I OR 
(.KNFRAI. (ONIRAC rOK.S 

SKCI ION .0100 - ORGANI/AIION Ol BOARD 



.010.^ STRLCILRE OF BOARD 

(a) Organization. The Board consists of s^J^eft 
nine members who are appointed by the fJo\'er- 
nor of North Carolina, with its composition in 
terms of its members being specified in G.S. 87-2. 

(b) Officers. .Annually, during the April meet- 
ing, the Board elects from its members a (rhair- 
man and Vice-Chairman. The Chairman shall 
preside o\er all meetings of the Board and per- 
form such other duties as he may be directed to 
do by the Board. The Vice-Chairman shall 
function as Chainnim in the absence of the 
Chairman. 

(c) Secretary-Treasurer. In addition to those 
duties and responsibilities required of him by the 
North Carolma General Statutes, the Secretary- 
Treasurer, as the [board's Chief .'\dm\nistrati\e 
Officer, specifically has the responsibihty and 
power to: 

( 1 ) emplo>" the clerical and legal senices nec- 
essary to assist the Board in carrying out 
the requirements of the North Carolina 
General Statutes; 

(2) purchase or rent whatever otTice equip- 
ment, stationery, or other miscellaneous 
articles as are necessary to keep the re- 
cords of the Board; 

(3) make expenditures from the funds of the 
Board by signing checks for expenditures 
after the checks are signed by the Crh;iir- 
man; and 

(4) do such other acts as ma> be required of 
him b\ the Board. 

(d) Meetings of the Board. 

(1) Regular meetings will be held during Jan- 
uary, .April, July and October of each year 
at the main office of the Board or at any 
other place so designated by the Board. 

(2) Special Meetings. Special mectmgs of the 
Board wiU be held at the request of the 
Chainnan or any two of the members at 
the main office of the Board or at an\' 
place fixed by the person or persons call- 
ing the meeting. 

(3) Notice of Meetings. Regular meetings of 
the Board will be held after each Board 
member is duly notified by the Secretary- 
Treasurer of the exact date of the meeting. 
I[o\\e\er. an\' person or persons reciuest- 
ing a special meeting of the Board will, at 
least two days before the meeting. gi\'e 
notice to the other members of the Board 
of that meeting by any usual means of 
communication. Such notice must spec- 
if\ the purpose for which the meetiniz is 
caUed. 



():24 NORTH CAROLINA REGISTER March 16. 1992 



LS3,S 



PROPOSED RULES 



(4) Quorum. Any five members of the Board 
which ineludes either the Chairman or 
\'ice-Chairman shall eonstitute a quorum. 

Slalutoty AuthorUy G.S. 8'7-l to S7-S. 

SKCI ION .0200 - LICENSING KFQl IREMtMS 

.0202 CL.VSSIIIC.MION 

(a) A general contractor may be certified in one 
of fi\e classifications. These classifications are: 

(1) Building Contractor. This classification 
co\ers commercial, industrial, institu- 
tional, and all types of residential building 
construction; co\ers all site work, grading 
and paving of parking lots, driveways, 
sidewalks, curbs and gutters which are 
ancillar,' to the aforementioned types of 
construction: and covers the work done 
under the specialty classifications of 
S(Concrete Construction), S(Insulation), 
Sdnterior Construction). S(.\lasonry 
Construction), S(Roofmg), S(-Metal 
Erection), and S(Swimming F'ools). 

(2) Residential Contractor. This classification 
co\'ers the construction of residential units 
which are required to conform to the 
North Carolina Uniform Residential 
Building Codes: covers all site work, 
driveways and sidewalks anciUar)' to the 
aforementioned construction: and covers 
the work done a? part of such residential 
units under the specialty classilications of 
S( Insulation), S(\IasorLni' Construction), 
S( Roofing), and S(SwLniming Pools). 

(3) Higliwa\ Contractor. This classification 
co\ers grading, pa\ ing of all types, instal- 
lation of exterior artificial athletic surtaces. 
relocation of pubUc and private utility 
lines ancillary to the pnncipal project, 
bridge constRiction and repair, sidewalks, 
curbs, and gutters; and co\ers work done 
under the specialty classifications of 
S(Bonng and lunncling). S(Concretc 
Construction), S( .Marine Construction) 
and S( Railroad Construction). If the 
contractor hmits his acti\ity to grading 
and does no other work described herein, 
upon proper qualification the classifica- 
tion of 1 1( Grading and F-\ca\ating) may 
be granted. 

(4) Public Utihtics Contractor. This classi- 
fication includes those whose operations 
are the performance of construction work 
on the subclassifications of facilities set 
forth in G.S. 87-10(3). The Board may 
issue a license to a public utihties con- 
tractor that is liniited to any of the subcl- 



assifications set forth in G.S. 87-10(3) for 
which the contractor qualifies. Within 
appropriate subclassification, a public 
utilities contractor license covers work 
done under the specialty classifications of 
S(Boring and Tunneling), 

PU(Communications). PL'(Iuel Distrib- 
ution), PL(I:lectrical - Ahead of Point of 
Delivery"), and S(Swimming Pools). 
(5) Specialty Contractor. This classification 
shall embrace that type of construction 
operation and performance of contract 
work outlined as follows: 

(A) H(Grading and E.\ca\'ating). Covers 
the digging, moving and placing of mate- 
rials forming the surface of the earth, ex- 
cluding air and water, in such a manner 
that the cut, fill, cxca\"ation, grade, trench, 
backfill, or any similar operation can be 
executed with the use of hand and power 
tools and machines commonly used for 
these types of digging, moving and mate- 
rial placing. Covers work on earthen 
dams and the use of explosives used in 
connection with all or any part of the ac- 
tivities described in this Subparagraph. 

(B) S( Boring and Tunneling). Co\-ers the 
construction of underground or underwa- 
ter passagewass by digging or boring 
through and under the earth's surface in- 
cluding the bracing and compacting of 
such passageways to make them safe for 
the purpose intended. Includes prepara- 
tion of the ground surfaces at points of 
ingress and egress. 

(C) PU(Communications). Covers the in- 
stallation of the following: 

(i) .AH t\pes of pole lines, and aerial and 
underground distribution cable for tele- 
phone systems; 

(ii) Aerial and underground distribution 
cable for Cable T\' and Master .An- 
tenna T\" Systems capable of transmit- 
ting R.F. signals: 

(iii) Underground conduit for communi- 
cation cable; and 

(iv) Microwa\e systems and towers, in- 
cluding foundations and excavations 
where required, when the microwave 
systems are being used for the purpose 
of transmitting R.F. signals. 

(D) S( Concrete Construction). Co\'ers the 
construction and installation of founda- 
tions, pre-cast silos and other concrete 
tanks or receptacles, pre-strcssed compo- 
nents, and gunite applications, but ex- 
cludes bridges, streets, sidewalks, curbs, 



I.S39 



6:24 SORTHCAROLISA REGISTER March 16, 1992 



PROPOSED RULES 



gutters, dri\'e\vays, parking lots and high- 
wavs. 

(E) PLXLlcctncal - /Vhcad of Point of De- 
livery). Covers the construction, instalJa- 
tion, alteration, maintenance or repair of 
an electrical wiring system, including sub- 
stations or components thereof, which is 
or is intended to be owned, operated and 
maintained by an electric power supplier, 
such as a public or prisatc utility, a utility 
cooperative, or any other properly fran- 
chiscd electric power supplier, for the 
purpose of furnishing electrical seniccs to 
one or more customers. 

(F) l'l'(rucl Distribution). Covers the 
cou' i oyancL ' ef trani ' mi '.'. ion constaiction. 
installation, alteration, maintenance or re- 
pair of systems for distribution of petro- 
leum fuels, petroleum distillates, natural 
gas, chemicals and slurries througli pipe- 
line distribution from one station to an- 
other. Includes all excavating, trenching 
and backfilling in connection therewith. 

(G) PU(Water Lines and Sewer Lines). 
Covers construction work on water and 
sewer mains, water ser\ice lines, and 
house and building sewer lines as defined 
in the North Carolina State Building 
Code, and covers water storage tanks, lift 
stations, pumping stations, and 
appurtenances to water storage tanks, lift 
stations and pumping stations. 

(H) PL(Water Punfication ;uid Sewage 
Disposal). Co\ers the peribrmance of 
construction v\ork on water and 
wastewater treatment facilities and 
appurtenances to water and wastewater 
treatment facilities. 

(I) S( Insulation). Covers the installation, 
alteration or repair of materials classified 
as insulating media used for the non- 
mechanical control of temperatures in the 
construction of residential and commer- 
cial buildings. Does not include the in- 
sulation of mechanical equipment and 
ancillary lines and piping. 

fJ) S(Interior Construction). Covers the 
installation of accou ' jticul acoustical ceil- 
ing s\ stems and panels; dry wall partitions 
(load bearing and non-load bearing), 
lathing and plastering, ' ■ vood flooring and 
flnishing, interior recreational surfaces. 
door installation, and mstalladon of fix- 
tures, cabinets and millwork. Includes the 
remo\al of asbestos coating ', and replace- 
ment with non-toxic substances. 

(K) S(.\Iarine Construction). Co\ers aU 
marine construction and repair activities 



in deep-water installations and repair done' 
in harbors, inlets, sounds, bays, and 
channels; *h4 covers dredging, con- 
struction and installation of pdings, piers, 
slips, causeways, docks, and bulkheads. 
Does not include structures required on 
docks, slips and piers. 
(I.) S(Masonry Construction). Covers the 
installation, with or without the use of 
mortar or adhesnes, of the following: 
(i) Bnck, concrete block, g\psum parti- 
tion tile, pumice block or other light- 
weight and facsimile units and products 
common to the masonry industiy; 
(ii) Installation of fire clay products and 

refractory construction; 
(iii) Installation of rough cut and dressed 
stone, marble panels and slate units, 
and installation of structural glazed tile 
or block, glass brick or block, and solar 
screen tile or block. 
(M) S( Railroad Construction). Covers the 
building, construction and repair of rail- 
road lines including: 

(i) The clearing and tilling of rights-of- 
way; 
(ii) Shaping, compacting, setting and 

stabilizing of road beds; 
(iii) Setting ties, tie plates, rails, rail con- 
nectors, frogs, switch plates, switches, 
signal markers, retaining walls, dikes, 
fences and gates: and 
(iv) Construction and repair of tool sheds 
and platforms. 
(N) S( Roofing). Co\Trs the installation 
and repair of roofs and decks on residen- 
tial, commercial, industrial, and institu- 
tional structures requinng materials that 
form a water-tight and weather-resistant 
surface. The term "materials" shall be 
defined for purposes of this Subparagraph 
to include, among other things, cedar, ce- 
ment, asbestos, clay tile and composition 
shingles, all types of metal coverings, 
wood shakes, single ply and built-up 
roofing, protective and reflective roof and 
deck coatings, sheet metal valleys, 
flashings, gravel stops, gutters and 
downspouts, and bituminous 

waterproofing. 
(O) S( Metal Hrection). Covers: 

(i) The field fabrication, erection, repair 
and alteration of architectural and 
staictural shapes, plates, tubing, pipe 
and bars, not lunited to steel or alumi- 
num, that are or may be used as struc- 
tural members for buildings, equipment 
and structure; and 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



IS40 



PROPOSED RULES 



(ii) The layout, assembly and erection by 
welding, bolting or nveting such metal 
products as, but not limited to, curtain 
walls, tanks, hoppers, structural mem- 
bers for buildings, towers, stairs, con- 
veyor frames, cranes and crane 
runways, canopies, carports, guard rails, 
signs, steel scaffolding, rigging, 
flagpoles, fences, steel and aluminum 
siding and tire escapes. 
(V) S(Suimmmg Pools). Co\crs the con- 
struction, service and repair of all swim- 
ming pools. Includes: 
(ij E.xcavation and grading; 
(ii) Construction of concrete, gunite, and 
plastic-type pools, pool decks, and 
walkways, and tiling and coping; and 
(iii) installation of all equipment includ- 
ing pumps, filters and chemical feeders. 
Does not include direct connections to 
a sanitary sewer system or to portable 
water lines, nor the grounding and 
bonding of any metal surfaces or the 
making of any electrical connections, 
(b) An applicant may be licensed in more than 
one classification of general contracting pro\ided 
the applicant meets the qualifications for the 
classifications, which mcludes passing the exam- 
ination for the classifications in question. The 
license granted to an applicant who meets the 
qualifications for all classillcations will carry with 
it a designation of "unclassilled". 

Statuloiy Authority G.S. 87-/; ,37-10. 

.0205 lll.INC; DFVni.lNE/AI'P SEEKING 
QL.\L/EMI'/.\NOrilEK 

(a) /Vny application made pursuant to G.S. 
87-10 for a new applicant seeking qualification 
by employment of a Licon '. L ' L' person who has al- 
read\" passed an examination shall be completed 
and filed h*+ lalor than thr' t+Ft+ tfey *4' tlw numth 
procL ' dmg a[ least 30 da\ s be to re an\ roauliirly 
■' clK ' dulL ' d regular or special meeting ot the 
Board. .\t such meeting the Board will consider 
the application. The regular meetings of the 
Board are in January, April, July and October 
of each year. 

(b) The qualifier for the applicant shall be a 
responsible managing emplovee. officer or mem- 
ber of the personnel of the applicant, as descnbed 
m Ci-S. S7-II) and Rule .114i)S(a) o[ this Chapter. 
A person ma\ sene as a qualifier for the person s 
own mdn idual license and for only one addi- 
tional license. A person ma\ not ser\e as a 
qualil'ier under this Rule if such person has ntit 
ser\'ed as a qualifier tor a license ot the appro- 
pnate classificatitin tor more than two \ears prior 



to the filing of the application. Subject to the 
proxisicMTs oL ^^ Chapter 150B and Section 
.OSOO of these Rules, the Board mav reject the 
application oi_ an applicant seeking qualilicalion 
by emploNment ot a person w ho has already 
passed an examination if such person has previ- 
ousK ser\ed as qualilier for a licensee which has 
been disciplined by the Board. 

Slatuioty Authority G.S. S7-I: 87-/0. 

.0207 .lOINT \ ENTl RE 

A joint \-enture mav practice general contracting 
in North Carolina if e\'ery principal o[ the iQint 
\enture ijs licensed to practice general contracting 
in North Carolina with the appropnate classi- 
ficatic^n and at least one pnncipal has the appro- 
priate limitation, or if the joint \enture obtains a 
general contracting license in its own name in 
accordance with Ci.S. 87-10 and these Rules. 



Statutory Authority G.S. 87-/; 87-/0. 
SECTION .0.^00 - APPLICATION PROCEDLRE 

.0J02 REQl EST 

(a I .-V request for the required application form 
may be made at the address in Rule .0101 of this 
Chapter. 

(b) The Board shall charge a fee of fi\e dollars 
(S-^.OO) per application package if the package is 
mailed, and charge a fee of four dollars ('{■4,00) 
per application package if the package need not 
he mailed. The Board shall not charge more 
than the cost of publication and mailing ot the 
■ipplication package. Should the total cost of 
de\elopment. mailing and publication be less 
than five dollars (S5.II0). the Board will ad|ust the 
fees accordmglv- 



StatutofT Authority 

l50B-/9{5j. 



G.S. 



87-/; 87-/0; 



.0.^06 FIl ING DEADLINE 

The apphcant who wishes to be admitted to a 
particular examination must file hts a completed 
application no later than the first day ot the 
month preceding the month of the desired ex- 
amination in order to be assured of being admit- 
ted to that examination. Examinations are given 
in .March, June, September and December of 
each \ ear. 

Statutory Authority G.S. 87-/; 8^-/0. 

SECnON .0400 - EXAMINATION 

.0408 PERSON TAKING E.XAMINATION 



hS4I 



6:24 iXORTH CAROLINA REGISTER March 16, 1992 



PROPOSED RULES 



(a) Persons other than the applicant, if the ap- 
plicant is an indi\idual, ma\ take the required 
examination under certain conditions. Persons 
associated with a firm or corporation may take 
the required examination on behalf of the firm 
or corporation under certain conditions. The 
conditions are described in G.S. 87-10. 1 he term 
"responsible manaang" as used in G.S. 87-10 to 
descnbe persons who may take an examination 
on behalf of an applicant means that the person 
shall be acti\el\" engaged in Uie work of the ap- 
plicant a minimum of 20 hours per week or a 
majontv of the hours operated bv the applicant. 

(bj More than one person associated with an 
applicant may take the required examination. If 
one person associated with the applicant fails, 
and another passes, the license will be granted to 
that applicant. 

Stdluioty Authority G.S. 87-1; 8^- JO. 

.0409 RKMKW WORKSHOP CHARGE 

Pach applicant who fails an examination may 
attend a group workshop conducted by the staff 
of the Board, in which examinations and exam- 
ination results are made a\ailable to the appli- 
cant. 1 he workshop shall be self-taught. Ihc 
Board shall charge a tee of twenty dollars 
($20.00) per person attending such workshop. 
Should the actual cost of the workshop be less 
than twent\' dollars ($20,0(0 per person, the 
Board ma\ not charge more than the actual cost, 
which shall include the cost of renting conference 
space, matenals. and labor, AH ot^^ the funds re- 
cei\cd Irom the charge or fee for the Reyiew 
Workshc^p shall be allocated exclusi\el\ to de- 
\'elopment and production of examinations. 

Statutory Authority G.S. 87-/0; I50B-I9{5)d.. 

SECTION .0500 - LICENSE 

.0503 RENEWAL OE LICENSE 

(a) Fonn. An application for renewal requires 
the holder of a yaUd license to set forth whether 
there were any changes made in the status of the 
licensee's business during the preceding year and 
also requires the holder to gi\e a financial state- 
ment for the business in question. The fmancial 
statement need not be prepared by a certified 
public accountant or by a qualified independent 
accountant but may be completed b> the holder 
of the license on the fomi itself Ilowexer, the 
Board reser\es the right in its sole discretion to 
require a Ucense holder to submit an audited fi- 
nancial statement if the circumstances render 
such submission necessary. Except as pro\ided 
herein, the financial statement will be subject to 



approval by the F5oard in accordance with the 
working capita! reciuirements of Rule .0204 of 
this Chapter. A licensee may be required to 
pro\ide eyidence of continued financial responsi- 
bility satisfactor\' to the l}oard should circum- 
stances render such e\'idence necessarw and shall 



provide the Board with a copy of any bankruptcy 
petition filed bv the licensee within 30 days of its 
filing. 

(b) Display. The certificate of renewal of li- 
cense granted by the Board, containing the sig- 
natures of the Chainnan and the 
Secretary -Ireasurer, must be displayed at aU 
times by the licensee at his place of business. 

Statutoiy Authority G.S. S7-I; 87-10. 

.0505 NOI n ICAIION OF ADDRESS CHANCE 

Applicants for licensure and holders of a \alid 
licence shall notify the lioard in wnting of a 



change in address within 30 da\s from the date 
ot the change. 

Statutoiy Authority G.S. 87-8. 

.0506 CHARGE LOR ST.VTLS OF LICENSE RE 
AFFIDAML 

1 he Board shall charge persons requesting an 
affidavit as to status of licensure a tee ot^ twehe 
dollars ($12.00) per affidavit, dhe Board may 
funiish copies of such affidavits tree of charge to 
governmental entities. 



Statutoiy Authority G.S. 87-S: 87-13; 
I50B-19(5)d.. 

SEC LION .0900 - HOMEOWNERS RECOVERY 
FLND 

.0901 DEFINITIONS 

The following definitions shall apph' to the 
Board's administration of the Homeowners Re- 
coven.' fund established pursuant to /\i1icle 1 A, 
Chapter 87 of the Cjcneral Statutes: 

( 1 ) •' {.dishonest conduct" shall not include a 
mere breach of a contract, 

(2) "lncom]'>etent conduct" is conduct which 
demonstrates a lack of ability' or fitness to 
discharge a duty associated w ith undertaking 
to constaict or alter a single-famiK' residen- 



tial dwelling or the supen ision ot such con- 
st met ion or alteration. 
(3) "Reimbursable los'^es " shall not include the 



losses of a spouse. 



:h:ld. 



parent. 



grandparent, sibling, partner, associate, or 
emploNce ^2i i general contractor whose 
conduct caused a reimbursable loss. In ad- 
dition. reimbursable losses shall not include 



6:24 [SORTH CAROLINA REGISTER Manli 16, 1992 



1H42 



PROPOSED RILES 



losses of another ijeneral contractor or o.n\ 
financial or lenJin>i institution. 



Sidiutury Aialwriiy G.S. 87- 1 5.6. 

.0902 MAN AGKMKNT OF FIM) 

(a) The Sccretar>'-Treasurer. as the []oard s 
Chief Adnimistratne Oflicer. shall: 



from the ci\il action of tfie Complaint. .Judg- 
ment, and return o[ execution marked as unsat- 
islied. n the applicant has been precluded Irom 
111 in l: suit, ohtaininiz a ludanent or othenvise 
proceedin'2 auainst the 2eneral contractor due to 



( 1 1 1 stablish a special account of fhe Board 

for those monies collected pursuant to 

(j..S. S^-l5.Nb): 

|2) .Make expenditures from the fund as ati- 

thon/ed bv Ci.S. S7-15.^(b) bv smninL! 

checks for expenditures after the checks 

are siared bv the Chaimian. 

fb) I "lUil such time as the fund initialh reaches 

two hundred hftv thousand dollars ( ■i<25ii.(ii ii l. (ID). 



the automatic sta\" proxisions of .Section }^2 of 
the { S. Bankruptcs Code, then the applicant 
should submit a certified cop\ of tjie bankruptc\ 
jielition and an\ proof of claim or other docu- 
ment beanm: on t_he disposituni of funds in the 
bankruptcy" proceeding. 

(b) Requests lor the application fomi shall be 
directed to^ the Board at_ the address shtnvn in 
Rule .limi ot Uiis Chapter. 



Slatulorv 
S''-I5.S' 



.■Uahoniv G.S. 87-15.6; S'^-15.7, 



or at an\ time thereafter that the fund has insuf- 



ficient assets in excess of two hundred fift\ thou- 



sand dollars (S25ii.iiii().ll()) to jxi^ outstanding 
claims, the Secretan - I reasurer shall not disburse 
an\ pax menls to an applicant tor reco\er\ . .\n\ 
ai-iplicant who is awarded paMTient from the 
tund. howex er. shall hold a \ested nght for pa\ - 
ment once the tund reaches a sufficient le\el. 



.\uthon/ed pa\ments x\ hich cannot be made due 
to lack ol^ luiids will be paid as kinds become 
a\ailable. beginning with those payments which 
have been unsatisfied for the longest penod o[ 
time. 

(c) Monies for.y arded to the Bo>trd pursuant 
to G.S. X~-l.s.Mbi for deposit into the fund shall 
be accompanied bv a \enlied statement signed 
bv the eit\ or countv inspector on a lonn pro- 
\ ided bv tjie Board. I he fomi shall require in_ 
ft^mration concerning the number of penmts 
issued bv the re polling inspections depailment 
Irom which the recovery fund fee was collected 



.0904 Ml IN(; I)K ADLINK AM) SERMCE 

(a) .Applicants seeking reco\er. from the fund 
shall be lorever barred unless application is made 
yy ithin one y ear alter tennination ot aH pro- 
ceedings, including appeals, in connection with 
an unsatisfied judgment cibtained against a gen- 
eral contractor. Claims based upon the auto- 
matic Slav provisions oj^ Section 362 of the I .S. 
Bankruptcy" Code shall be lorey er baned ui"iless 
application is niade yvithin one vear alter the cf- 
lectiy e date of the stay". 

(b) .Vpplications shall be filed cU the address 
shoy\n in Rule n lUl of this Chapter. In addi- 
tion, the applicant shall ser^ e a copy of the ap- 
plication upon the general contractor yy ho 
allegedly caused the loss. Service shall be ac- 
con"iplished bv certified mail, retum receipt re- 
quesled. or other methods authon/ed by Cj.S. 



Siaiuton' .-Itiihoriiy 
S~-I5.s: 



G.S. 8^-/5.6: 8'-l5.7; 



I A- 1. Rule 4_ Ihe applicant shall file yvith the 

Board an affiday it including the ongmal siLLi"ied 

and the total dt^llar an"iount due to the tund tor return receipt or other proot establislnng serxice. 
that particular quarter. 

Staiuton .iuihoritv G.S. 8'^-l5.6: 87-/5.": 
S7-/5.S' 

.0903 AIM'MCATION lOK PA^MKN T 

(a) .Applicants desiring to obtain payment from 
the tund shall file a \enlied application y\"ith the 
Board on a prescnbed tonn. I he tonri shall re- 
quire mlormation concen"iing the applicant and 
the clain"! including, but not limited to. the ap- 
plicant s name and address, the ammint of the 
claim, a ^lescnplion ol^ the acts o[ the general 
conlr.ictor which constiiute the grounds for the 
claim and a statement th.it all Court proeee^lings 
are concUkled or the general contractor has filed 
tor bankriiptcv. If the api^licant has exhausted 
all civil remedies ptirsu.ml [o Ci S S"- l.s.\(ai(."^). 
the application should include certified copies 



.0905 Ml I.IIIM K CLAIMS 

(a) .Any time the Board has notice of more than 
one application or potential claim tor payment 
from the tund ansing out ot the conduct ot a 
single general contractor, the Board may", in its 
discretion, direct that all applications filed betore 
a date detennined by the Board, be consolidated 
tor heanng. 

lb) When ccinsolidation is appropriate, the 
Board shall issue to the general contractor, the 
applieanis and potential claimants, an ( )i"i.ler ot 
Consolidation setting forth the ileaellme tor tiling 
all applications [o be consolalated. ( )n or before 
the deadline, the Board may . m its discretion, ei- 
ther extend the deadline or issue to the general 



hS43 



6:24 yORTH CAROLL\A REGISTER .March 16, 1992 



PROPOSED RULES 



contractor and all applicants notice of the time, 
date and place set tor a hearinu on the consol- 
idated applications. 

(c) (riaiins tor which the Board has received 
no notice or for which no application has been 
tiled prior to the deadline set forth in the Order 
of Consolidation shall not be considered by the 
Board until after the completion of all pro- 
ceedinas relating to the consolidated applications 
and payment thereon. 

Statutory Authority G.S. 87-15.6: 87-15.7. 

.0906 PROCESSING OF .\PPIJCATION 

I'reliminar\" or Threshold Detcmiination. 



Statutory Authority 
87-15.8. 



G.S. 87-15.6; 87-15.7; 



( 1) An application, properly filed, is initially 
referred to the Reco\er\ I'und Review 
Committee. 



(2) The Recover\' Fund Review Committee is 
a committee made up of the tollowinsj indi- 
\ iduals: 

(a) one member of the Board. 

(b) the legal counsel of the Board, and 

(c) the Secretar\- Treasurer. 

(3) I'he Committee is specifically delegated the 
responsibility of detennining. prior to a 
heanng. whether or not an application is 
meatless. The decision of the Committee 
is final. Within 30 da\s after serMcc of a 
cop\' of the application upon the general 
contractor, the general contractor may file a 
response to the application setting forth an- 
s\^^ers and defenses. Responses shall be filed 
with the Board and copies shall be served 
on the applicant. 

(4) ]f the general contractor denies the charges 
contained in the application, then, in the 
sole discretion of the (Committee, a field in- 
\'estigation may be perfomied by an in\^estl- 
gator retained by the Board. 

(5) Alter all preliminar\' e\idence has been re- 
cei\ed by the C'ommittce. it makes a 



.0907 MOMKOW^F.RS RFCOVF.RV FUND 
IIF.ARING 

(a) If it is deteimined by the Rccovcr%' Fund 
Rc\iew Committee that the Board should con- 



duct a hearing on an application, the Board shall 
give the applicant and general contractor notice 
of heanng not less than 15 davs before the hear- 
ing. This notice shall contain the following in- 
fonnation: 

( 1) The name, position, address and telephone 
number of a person at the otficcs of the 
Board to contact for further information 
or discussion; 

(2) The date, time, and place for a pre-hearing 
conference, if anv: and 

(3) Any other infonnation beino rele\ant to 
inlbrmin^ the parties as to the procedure 
of the heanng. 

(b) All homeowners reco\er\' fund hearings will 
be conducted by the Board or a panel consisting 
of a majontN of the members of the Board. 

(c) The pro\isions a[' 2J_ NCAC J_2 .0825 go\-- 
eming disqualification of Board members shall 
also go\'em hearings conducted pursuant to this 
Section. 

(d) Should a party fail to appear at a hearing, 
the Board may proceed with the heaniyo and 
make its decision in the absence of the party, 
provided that the part\ has been gi\en proper 
notice. I'he Board ma\ . in its discretion, order 
a continuance m order to ,gi\e the party another 
opportunity to appear. 

(e) .\n\ parts may be a witness and may pres- 
ent witnesses on the party's behalf at the heanng. 
AH oral testimonx" a[ the hearing shall hc_ under 
oath or affinnation. At the request of a party, 
the presiding officer may exclude witnesses from 
the heanng room so that thcv cannot hear the 



threshold determination regarding the dis~ testimony of other witnesses, 
position of the application. 1 rom the e\i- 
dence, it recommends to the Board that: 



(a) The applicaticm be dismissed as mentless; 
or 

(b) (he application and charges contained 
therein be presented to the ijoard for a 
hearing and determination by the Board 
on the merits of the application. 

(6) Notice of the threshold detemimation of the 
CtMnmittee shall be given to t_he applicant 
and the general contractor within 10 da\ s of 
the Committee's decision, though h is not 
ftirbidden to do so^ the Committee is not 
required to notit'\' the parties of the reasons 
for its threshold determination. 



(I) At the heanng. the applicant shall be re- 
quired to show: 

( 1) lie has suffered a reimbursable loss as de- 
fined in G.S. 87-"l5.5(6) and 21 NCAC 12 
.0901(c) in the C(mst ruction or alteration 
of a single-famiK residential dwelling unit 
owned or pre\'iousl\' owned by that per- 
son; 

(2) lie did not, direct 1\ or indirectly, obtain 
the building pemiit in his own name or 
did use a general contractor: 

(3) He has made application within one \car 
after the terminatit^n of all judicial pro- 
ceedings, including appeals, in connection 
with the unsatisfied judgment or within 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



IS44 



PROPOSED RULES 



(4) 



one \car after the effectixe date of a stay 
entered on heliall o[ the Lzeneral eontraetor 
pursuant to Seetion 3h2 o\_ the IS. 
Hankrupte\ Code: 

1 le lias dihiienlK pursued his remedies 
a'-iainsi all persons potenlialK liahle. in- 
ehidnm eltorls to eolleet Irom sueh per- 
and attempted exeeution on the 



jud Laments aLiamst all ludmient debtors 
without sueeess. 



(£l 



I he Lieneral eontraetor shall he permitted 
to pailieipate m the heanniz as a pads and shall 
ha\e reeourse to al] appropriate means of de^ 
tense, uuliidintz the examination of witnesses. 



Stdtutoty Aulhoritv 
S7-I5.7: S7-I5.S. 



G.S. 87- 1 5.5; S7-/5.6; 



.0908 OKDKK DIRKCriNG l'.\\MIM I KO\l 
Fl M) 

If. after a hearini!. the Board finds that an ar 



plieanl should he paid Irom the fund, the Board 
shall enter an ( )rder requirinLi pa\ment from the 
fund m w hate\ er sum the Board deems appro- 
pnate m aeeordance with the linntations eon- 
tamed in Rule .(1^10 of Uiis C hapter. All 
pa\ments are a matter of pnMleue and not of 
riizht and, iherelore, there shall he no ridit Ui 
appeal trom an\ deeision of die Board re'-iardinu 
reetn er\ Imm tlie lund. 

Statutory Authority G.S. 8^-/5.6; S7-/5.7; 
S7-/5.S.' 

.()'>(»>) SKI I I KMKM Ol Cl.AIM.S 

1 he elaim or elaims fomiini; the basis of an ap- 
plieation tor reeo\er\ trom the tiind may be 
compiotniseel and settled b\ the applieant and 
the Lieneral eontraetur after the tiliuL! ot the ap- 
plieation. 1 he parties shall notit\ the Board im- 
mediateh of any sueh settlement. Pa\ment of 



the elaim. m whole or m part, by t]ie General 
contractor as pail ot a settlement will result in the 
claim no Ionizer beiniz a "reimbursable loss" as 
dclined by (i.S. S7- 1 5..s('6)(b). and t_he claim will 
be disinisscil b\ the Board. 



Siatuto/j 
S7-/5.S^ 



Authority G.S. S^-15.6: 87- 1 5.7; 



.0>)10 I IMl I AllONS: I'RO KAI A 
DISIKIHI HON 

(a) I'a\ ments Irom the tund shall be subject to 
the lollowmL: limitations: 

{ 1 ) I he tund shall not be liable tor more than 
eidileen thousand dollars ( S 1 N.llOO.dll) per 
applicant: 



(2) Payments from the fund shall not exceed 
m the aLi'-rreiiate thirt\ -six thousand dollars 
(S.^6,()(ll),))l)) for an\- one ueneral contrac- 
tor within a sinule calendar Near: 
[3| The tund shall not be liable for pa\ment 
of any conseciiiential damaLies. multiple 
or punitive damaizes, ci\'il or criminal 
penalties or tines, ineident:tl damages, 
special damaees. interest, or court costs; 
(4) .Applications tor pa\inertt trtmi the fund 
reeened or considered by the Bcxird after 
the liabilitN o[ the tund as descnbed herein 
has been exhausted shall be dismissed, 
(b) It the maximum liahilit\ ol the fund is in- 
sult'icient to pas m lu]l the \alid claims ot^' aU ap- 
plicants N^hose elaims relate to the same 
transaction or to the same tieneral contractor, the 
total ann)unt tor which the tund is li:ible shall be 
distnbuted amoniz the applicants m ihie ratio that 
their resi-iectue awards bear to the total of such 
awards or in such other manner as the Board 
deems equitable. 

Statutory .Authority 
87-15.8'. 



G.S. 87-15.6; 87-15.7, 



.0911 SI BROG.VnON OF RIGHFS 

When the Board has paid from the fund any 
sum to the :ipplicant. the Board shall be 
subrotzated to the riizhts of the applicant and the 
applicant shall assim to the Board all ot^^ his 
riizht s. title, and interest in the claim \o_ the extent 
of the amount p;iid from the fund. 



Statutory .luthorily 
87-/5.9.' 



G.S. 87-/5.6; 8^-/5.7. 



.0912 .\CT10NS .\GAINST GFNKKAL 
COMR.VCTOR 

Nothiniz contained in these Rules shall prohibit 
or limit the authorit\ of the Board to take disci- 



""Imarv action aizainst its licensees or to seek 



in|uncti\e relief aizainst those persons w ho ha\e 
eniraeed in the unaiithon/ed practice ot ^e'ner:d 
contracting. Stifiulations made between the 
general contractor :nKl the applicant as part of 
settlement or compromise ot^ ans' claim shall not 
be binding on the Board in an\^ diseiplinaiT pro- 
ceeding or action lor iniunction. 

Statutory Authority G.S. 87-//; 87-13; 87-/3./; 
87-/5.6.' 



No 



otice is licrcby ghcn in accordance with G.S. 
/50R-2/.2 that the \orth Carohna Board of 



1<S45 



6:24 ^ORTH CAROLINA REGISTER Manh 16, 1992 



PROPOSED RULES 



Dietetics Xulrition intends to adopt nulefs) cited 
as 21 SCAC 17 .0001 - .0015. 



Th 



he proposed effective date of this action is June 
/, 1092. 



I /le public hearing will he conducted at 1 :00 
p.m. on April 10. 1992 at the Offices of Jordan, 
Price. Wall. Gray and Jones, 200 Hillsborough 
Place. 225 Hillsborough Street, Raleigh, \orth 
Carolina. 

Jveason for Proposed Action.' To implement and 
administer the Dietetics; Nutrition Practice .let. 
General Statutes Chapter 90, Article 25. 

v_ oinment Procedures: Written comments must 
be received by the Board no later than 5:00 p.m. 
on .ipril 15, 1992: requests to make oral com- 
ments at the hearing must be received by 5:00 p.m. 
on April 3, 1992. Comments should be limited to 
10 minutes. Comments and requests should be 
addressed to Executive Secretary-, Sorth Carolina 
Board of Dietetics! Nutrition. Post Office Box 
11321. Department LB. Charlotte. SC 28220. 

LLditor's .\ote: These Rules have been filed as 
tcmporaiy rules effective March 19, 1992 for a 
period of ISO days to expire on September 13, 
1992. 



crcdcntialinij in dietetics and nutrition and 
is a mcniher o[ the National (,'ommission tor 
Health Certit\in>; Aucncics. 
(6) "DciZTee'' means a degree received frc^m a 
coIicLie or iini\ersit\ that was L.S. reeionaiiv 



accredited a[ the time the deo'ee was con- 
tcned. 



(7) "Dietitian nutritionist" means one eniJaged 
in dietetics nutrition practice. 

(8) ••r'xccuti\e Secretar\ " means the person 
emploNcd to carr\ out the adininistralue 
functions q\_ the Board. 

(Q) 'Nutntion assessment" means the e\alu- 
ation of the nutntion needs of individuals 
groups based upon 



and 



appropnate 
biochemical, anthropometric. ph\ sical. and 
dietar\ data to detemiine nutrient needs and 
recommend appropriate nutntion intake in- 
cluding enteral and parenteral nutntion. 
(ID) "Nutntion counseling" means the ad\ice 
and assistance proxided bv licensed 
dieliti<ms nutntionists to indniduals or 
groups on appropnate nutnticm intake bv 
integrating inlonnation from the nutntion 
assessment with information on food and 



other sources of nutncnt and meal prcpara- 
tion consistent with cultural background. 



socKU'conomic status and therapeutic needs. 
(II) "I'ro\ isionallv licensed dietitian 



nutnlionist" means a person provisionally 
licensed under this .Act. 



CII.M'IKR 17 - BOARD OF 
DIETEIICS/M IKinON 

.0001 DKIIMIIONS 

As used m this Chapter, the follow ing tenns and 

phrases, which ha\e not already been delined in 

the Practice Act, Ci.S. 00-350 througli ')0-3^'). 

shall ha\e the meanings specilied: 

( I ) ".\ct" means Dietetics Nutntion Practice 

Act. 

(2) "ADA" means The American Dietetic 
.Association. 

(3) ".Applicant" means an\' person w ho has 
applied \o_ the Board tor a license to practice 
dietetics nutrition in the .State o[ North 
("arolina. 



(4) ".Vpplication" means a written rec^uest di- 
rected to and rccei\-ed bv the Board, on 
to mis supplied bv the Board, for a license to 
practice dietetics nutntion in the State of 
NcMlh (\irolina. together with aH intonna- 
lion. documents and other matenals re- 
quired b\ the Board. 

(5) "C'DR" means the Ccmimission on 
Dietetic Registration that is the national 
cei1it\ ing agenc\ tor \oluntaiA professional 



Statutoiy Authority G.S. 90-352; 90-356. 

.0002 RKQl IRKMEM OF I K F\SK 

(a) On or after the elTective date of J tine _b 
p)02. onl\ a person who is licensed under Cien- 
eral Statute Chapter 90. Article 25 shall: 

( 1 ) in gage in the practice dietetics nutrition 



ill 
(3) 



(4) 



or pro\ ide nutntion care services 
I se the title "dietitian nutntionist 
I se 



the 



"nutntionists 



words "dietitian", "dietician' 
leensed 



or 



dietitian 



nutntionist" alone or in combination 
D 



IN' 



or 



I DN' 



Ise the letters 

or any facsimile or combinalicm in anv 

words 



letters, abbreviations, or insignia. 



(5) 1 



mpK orally or in vvnling or indicate in 

an\ \va\ that the person is a licensed 

dietitian nutritionist. 

(b) Notwithstanding an\ other provisi(^n of this 

Act, a dietitian registered bv the CDR shall have 

the nght to use the title registered dietitian and 

the design, ition R D. 



Statutory Authority G.S. 90-356; 90-365. 
.000.? Ol .VLIFICAIIONS FOR I.ICFNSI RF 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



1846 



PROPOSED RULES 



Fach applicant for an initial license as a licensed 
dietitian nlltntlonl^t >hall either: 
( 1 1 I'roMde evidence o^ cuiTcnt reastration as 
a l\e'.:i>tered Dietitian b\ the ronirmsMon 
on Hietetic l\eL:l^tI\ltlon: or 
(2) Pro\ide e\idence nt ha\ini:; 
(al 



recened a ntinmuiin o[ a baccalaureate 
detir ee with a major course ot studs in 
huiT 



(b) 



niitntion. t(H"ids and nutntion. 

dietetics, ctimnninits" nutntion. public 
health nutntion. or an equi\alent ma|or 
course ot studs aj. appros ed bv the l^oard. 
I quisalent major course ot studv as ap- 
pro \ed bv the Board shall mean one 
which meets the cuiTcnt knowledge re- 
ciuirements oL lllil Hidaetic Program m 
Dietetics as appros ed bv Uw .\mencan 
Dietetic .-\>sociation. Regardless ot^ the 
course of studs . applicants must hasc 
succe^^tulls" complctcd the Board s mini- 
mum course requirements in tood sci- 
ences, social and behas iciral sciences. 
chemi^tI^^ . bioloi:s'. human nutntion. diet 
theraps . adsaneed nutntion. and food 
ss'stems management: and 
successfulls" comiMeled a planned, contin- 
uous program in approsed clinical prac- 
tice iM. not less than "■'ml hours under the 
supersasion 



ot 



a 



state 



(c) 



{}] 



__^ _ llcen^ed 

dietitian nutritionist as approsed bv the 
Board, i'ractice proijam as approsed bv 
the Board shall mean one w hich meets the 
cuiTent standards ot the --upen ised prac- 
tice pro jam in elietetics as 
accredited approsed bv the .Vmerican 
Dietetic .Association: and 
passed an examination as defined bv the 
Board: or 
I'roside es idence cA hasin^j: 
receis ed a master s deiiree in human nu- 
tation, nutntion education, foods and 
nutrition, public health nutntion or an 
equisalent maior course of studs" as ap- 
prosed bs the Hoard- Fquisalent major 
course o[ studv as approsed bv the Board 
shall mean one sshich meets the current 
knossledje requirements o^ the Didactic 
ProLiram i_n Dietetic^ as approsed bs the 
.-Vmencan Dietetic .Association: and 

successfully completed a documented 
supers ised practice expenence component 
in dietetics practice of not less than ^'ilil 
hours under the superei^Ksn of a health 
care practitioner licenced in Liood standuu: 
bv the state: and 
(c) passed an examination as defined bv the 
Board: or 



(bi 



(4) Proside esidence of hasing rcceised a doc- 
torate deizrec in human nutntion. nutntion 
education. I nods and nutntion. public health 
nutntion. or an equisalent ina]or course of 
studs as approsed bv the Board, or hasx rc- 
ceised a Doctor ot^ .Medicine dcLg-ee. Re- 
Liardless of the course of studs . applicants 
must hase successtulls completed the 
IJoard's minimum course requirements in 
social and behas ioral sciences, chemistn', 
bioloizs". human nutntion. diet theraps" and 
adsaneed nutntion Succes>tul completion 
of minimum course requirements mav in- 
clude teaching; of equis alent course as ap- 
prosed bv the Board at_ an .\D A- Approsed 
lOidactic Pro 'jam in f)ietetics or an 
■AD.A-.Accredited CrcH^rdmated Projam 
ssithin the last fise sears. 



Statutoiy Authority G.S. 90-356: 90-35'^. 

.0004 vrPLICAIIONS 

(a) 1 ach applicant for initial licensure or re- 
newal shall file a completed application ss ith the 
Board. 1 he application must be upon the foims 
and in the manner prescnbed bs" the Board. 

(b) .Applications shall be tsped or ss ntten in 
ink, siened uiuler the penalts of per|urs and ac- 
companied bs the appropn:ite nonretundable tees 
and bs such es i>.lence. statements or documents 
showin;: to the satisfiction ot the Board that ap- 
plicant meets requirements. 

(cl .Applications are to be submitted to the ad- 
dress desiLinated bs the Board 

(d) .Appros ed applicatums and all documents 
filed in support thereof shall become the properts' 
of die Boaah 

(el fhe Board sviU not consider an application 
as oiricialls submitted until the applicant pass the 
application tee in l_ull_ 

(f) 1 he Board must receis c all required appli- 
cation matenals from applicants seekme exam- 
ination elubilits" accordinL; to the lollowing 
schedule: 



( 1 1 .Applicant seeking examination eligibilits' 
trom (I^R must submit application ma- 
tenals at^ least 12'' das s pnor to the date 
the applicant svishes to take the examina- 
tion. 
(2) .Applicant seeking examination eligibilits- 
trom the Board must submit application 
at least I Mi das s pnor to the date the ap- 
plicant ssishes to lake the examination, 
(g) 1 he Fxecutise Secretary ssill send a notice 
to an applicant ssho does not complete the ap- 
plication w hich lists the adklitional matenals re- 
quired. 



isr 



6:24 yORTH CAROLiyA REGISTER Munli 16, 1992 



PROPOSED RULES 



fh) The application for a license shall contain 
such intomiation as the Board mav reasonably 



require. 

(1) The submission of an applicaticMi for h^ 
censiim U) the Board shall constitute and operate 
as an authon/alion and consent bv the applicant 
to Uic Board to disclose and release any mtor- 
mation or documentation set forth in or submit- 



ill 



an appro\ed credenlialma c\aluation 
affencw as equivalent to the baccalaureate 
or h idler dcLrree conferred b\ a IS col- 
lege or uiiuersitv" accredited by the re- 
Monal accreditiiiL! a^iencies rcco'jii/.cd by 
the Council on I'ostsecondarx Accredi- 
tation and the I S. Deparlment oi_ I'du- 
cation: and 
(2) I la\ e an\- diploma or other document re- 
quired to be submitted to the i^oard 
which is not in the Indish laniiuaae be 



ted with the applicant's application or obtained 
by the Board from other sources as required. 

(i I .Applicants, who must provide evidence of 
euiTcnt remstration as a Reastered Dietitian b\ plication. 

the CDJi in (i.S. 9(l-.^57(.^)a. shall submit a no- 
tari/ed photocopy of the applicant s rcizistration 
identification card. 

(k) .Applicants, who must provide evidence of 
completing academic requirements in Ci.S. 
Qf>-357(.^)b.l. c.l and d. shall either: 

( 1 ) Submit official transcripts and a verifica- 
tion statement w hich includes the oriLpnal 
siLinature oi_ the Broaam Director of a 
c()lleL!e or university in which the course 
ol^ stud\ has been approved as meetirm the 
current knowledi^e requirements of the 
ADA: or 

(2) Request, complete and submit documents 
for the evaluation of an equivalent major 
course of study to be approved by the 
ijoaid ,ind submittinu oHieial Iran sen pts 
from all ci.i|lei;es attended. 

(I) .Applicants. v\ ho must provide evidence of 
completiim supenised practice requirements in 
G.S. ')()-.^6^i.^)b.2 and c,2. shall cither: 

( 1 ) Submit a venllcation statement which in- 
cludes the onanal signature of the I'ro- 
aam Director or Sponsor of a supervised 
practice pro'-iram or plan which has been 
approved accredited to meet the dietetic 
practice rec|uirements of ADA; or 

(2) Request, complete and submit dcx'uments 
lor the evaluation of the super\ised prac- 
tice expencnce to t2e approved bv the 
Board. 

(m) .Applicants who have obtained their edu- 
cation outside of the I nited States and its tem- 
tories m ust: 

lave their academic dein-ee ev;iluatcd bv 



accompanied bv a certified translation 
thereof in Indish bv an approved cre- 
dentials evaluation service: and 
Qi Demonstrate satisfactory proof of profi- 
ciency in the Fndish lanizuagc. 
(n) .Applicant shall be deemed to have aban- 
doned the application if the requirements tor 
licensure are not completed within one vear of 
the date on which application is received. An 
application submitted subsequent to an aban- 
doned ap plication shall be treated as a new ap- 



Statuiory Authority G.S. 90-356. 

.0005 KXAMINAIION KOR I ICKNSLRE 

(a) 1 he i?oard approves the examination of- 
fered bv the Commission on Dietetic Reiastra- 
tion (CDR). 

(b) "1 he examination shall be offered a1 least 
twice each year to qualified applicants tor licens- 

lUL'. 

(c) The [^(^ard reeonni/es the passing score set 
bv the (DR. 

(d) I he applicant shall meet the criteria estab- 
lished bv the ilDW for eligibility to take the ex- 
amination. 



(c) If an applicant has failed three or more ex- 
aminations, the Board shall designate additional 
course work to be completed bv the applicant 
prior to taking the examination again. 1 he 
course wprk shall be in areas of weakness on the 
examination. 



Statuloty Authority G.S. 90-356; 90-359. 

.0006 (;rami\(; license witiiol t 
kxaminaiion 

If an applicant seeks licensure on the basis that 
the applicant cunently holds a valid license as a 
licensed dietitian nutritionist issued bv another 
state, political lemtorv or iu^sdicti^)n with 
equivalent requirements, the applicant shall at- 
tach to the application evidence that: 

( 1 ) The applicant currently holds a license in 
GO(.id st.inding: and 

(2) I he requirements of the state, political ter- 
ntorv or junsdiction are equivalent to those 
of this state. 

Statutoty Authority G.S. 90-356: 90-360. 

.0007 l'K<)\ ISIONAI. I IC ENSE 

(a) .Applicants shall provide evidence of com- 
pletinsz academic ivciuirements bv: 

( 1 ) Submitting ciilicial transcripts and a vcr- 
ilicalion st:itemenl w hich includes the or- 
iiiinal smnature of the Prot;r:tm Director 



6:24 NORTH CAROLIN.i REGISTER Manh 16, 1992 



IS4,S 



PROPOSED RULES 



of a collciic or uni\'crsit\- in which the 
cour>c o[ stuJ\ ha> been approNcd a> 
mcclin'.: the current knowlcdijc require- 
ments (it the ADA: or 

(2) KeeiuestniL!. completini; and submitlinL; 
documents tor the e\ akiation o[ an 
ee|ui\alenl majcir course ot study to be 
approved bv the Ikuird and submittim: 
otticial transcripts Irom all ct)lleL!es at- 
tended, 
(h) AppHcants shall provide cMdence ot^ com- 
plelniL: supervised practice reciuiremenls bv: 

( I ) Submittmi! a \entication statement w hich 
includes the oniiinal signature ol' the I'ro- 
iiram Director or Sponsor ot a supervised 
practice pro-jam or plan which has been 
apprcu'cd accredited to meet the dietetic 
practice requirements ot ADA: or 

(2) Requesting, completing and submitting 
documents for the evaluation ot^ the 
super\ised practice expenence to b£ ^''P- 
pnn ed bv the Board. 

(c) .Applicants shall provide evidence of making 
application to take the examination. 

(d) I'rov isional license may be issued for a pe- 
riod iK't exceeding one vear and mav be renewed 
Irom \ ear to vear lor a penod not to exceed three 
V ears upon pav ment of annual lees, submission 
of completed application as prescribed bv the 
Board, and prov ision of evidence ot making ap- 
plication to retake the examination. 

(e) I'rov isional licensed dietitian nutritionist 
shall he under the direct super\ ision ot licensed 
dietitians nulntionists lor at_ least SO percent (M 
the hours emp>lov ed. 

(f) hollow mg the successful completion of the 
licensing examination, the provisionally licensed 
dietitian nutntuinist shall remit completed appli- 
cation tor u]^ grading license, pav ment ot tees, and 
evidence ot passing examination approved bv the 
Board_ 

(g) The Board will rev oke a provisional license 
it the applicant fails to appiv for the examination 
for licensure m a timelv manner or does not take 
the examination. 



Sujiuiory Authoniy G.S. 90-356; 90-361. 

.(lOOS IMS Al'I'KONKl) Al'l'l ICA flON 

I he I^oard shall not approve an applicant for 
licensure if the applicant: 

( 1 ) Has not completed the requirements in (j.S. 
')(l-."^5() through ^)il-36') including academic, 
expenence and examination requirements. 

(2) I las tailed to^ remit anv applicable lees. 

(.M I las failed to comply with requests for 
sup|sorting documentation prescribed bv the 
Board. 



(4) lias deliberately presented false information 
on application documents required bv the 
Board to ventv applicant s qualitications for 
licensure. 

Statutuiy Aulhoriiy G.S. 90-356; 90-35S. 

.0009 ISSl ANCF. AM) RENEWAL OF LICENSE 

(a) An applicant ma\ be issued a license based 
on compliance with requirements stated m Ci.S. 
'-JH-."i57 and these Rules. 1 he Board shall issue 
a license to anv person vv ho meets the require- 
ments upon pav ment ot the license tee pre- 
scnbed. the hxecutive .Secretary shall send each 
licensee whose credentials have been approved a 
license. 

(b) licensee shall notify the Board of anv 
change in the licensee's personal or professional 
address within 31 1 davs of that change. 

(c) 1 icenses will expire on .March 31 of every 
\ear. Beginning m 1*^^)3. the licenses shall be is- 
sued for a period of one vear beginning .Apnl J_ 
and ending .March 3 1 . 



( 



(d) .At least 30 davs pnor to the expiration date 
ot tjie license, the licensee shall be sent vvntten 
notice iji. iii£ amount ot^ renewal tee due, and a 
license renewal lorm which must be returned 



with the required fee. 

(e) 1 icensee s renewal application must be 
postmarked pnor to the expiration dale in order 
to avdid the late renewal fee. [ -ulure to receive 
renewal notice shall not be justification tor late 
renew al. 

(j} 1 he Board shall not renew the license of a 
person who is in violation of the .Act. or Board 



niles at the time o| application for renewal. 

(g) .\pplicants for renewal o\_ licenses must 
provide documentation iji hav ing met continuing 
education requirements bv submitting: 

( I ) A copy (2i ]h£. e'urrent C'DR registration 
card certilv mg completion o{_ J_5 hours ot 
continuing education approved bv the 
("PR lor a one vear penod ending .August 
3J_; or 
f2) A Summary of Continuing Fducation on 
the tonn prescnbed bv the Btnird docu- 
menting completion ot j_5 hours oi_ con- 
tinuing education approved bv the Board 
for a one vear penod ending .August 31. 
(h) .A renewal license shall be tumished to each 
licensee v,ho meets all renewal rec|Uirements bv 
the expiration date. 

(j_) dhe Bo:ird mav provide for the kite renewal 
ol_ a license upon the pav ment ot a late tee vv ithin 
60 davs of the expiration elate of .March 31. If 
the license has been exj^ired tor 60 dav s or less. 
the license mav be renewed by reluming the li^ 
cense renewal tonn wiih all appropriate tees and 



hS49 



6:24 \ORTH CAROLL\A REGISTER March 16, 1992 



PROPOSED RULES 



Jocumcntatidn to the B(Ktrd. postmarkeJ on (2r 
be I QIC the end (M the <^0-Ja\- Lirace penod. 

Staiiiunj Authunly G.S. 90-356; 90-Jo2; 90-363. 

.0010 IK I NSl RK n RIM ICATE 

(a) I he l?oard shall prepare and pnn'ide to 



:ach 



licensee a 



license ceilihcate and license 



identification card. The identilication card shall 



contain the 



Ce 



rson s name, license niiinher 



and 



date ot expiration. 

(h) Orticial license certificates shall be skuied 
by the Chair and Secretar\ - I reasurer and be al- 
f'lxed uith the seal ol the Board. Otticial iden- 



tilieation cards shall bear the siimati.ire o[ the 
Chair. 

(c) .\n\ certificate or identilication card issued 
bv the Ijoard shall remain the propertN ot the 
Board and shall be surrendered to l]ic Board on 
demand. 

(d) I he license certificate must be displayed m 
an appropnate and public manner as lollows: 

( I ) I he Heern^ ;eiiificate shall be displayed in 
the pnman place of emplovinent ot^ the 
licensee; or 

(2) In the absence of a primary place of em- 
ploxmcnl or \^ hen the llcen■^ee is em- 
pUn ed m multiple locations, the licensee 
shall caiT\ a current. Board issued license 
identilication card. 



(e) Neither the licensee nor ainonc else shall 
displa\ a photocopy of a license idenlificalion 
card in lieu ot die on-imal license certificate or 
license identilication card. 



(f) Neither the licensee nor am one else shall 
make am alteration on a license ceiliticate or li^ 
cense identilication card issued b\ Board. 



(iz) I he Board shall replace a lost, damaged or 
destrosed license certiticate or idenlilicalum card 
upon receipt of a \\ ntten rec|iiest trom the 
licensee and pasment o[ the duplicate license tee. 

(h) I he licensee must submit a w ntlen request 
within 30 da\s of a name chanLze U) the Board 
\\\\o shall re -issue a license certificate and or h^ 
cense identilication card. i<ec|uests shall be ac- 
ctmipanied by duplicate license tee and 
appropnate documentation retlectini; the chanije. 



Statutoiy Authority G.S. 90-356; 90-362. 

.0011 INACIINK SIATl S 

(a) A licensee may ha\c a license placed in in- 
acti\c status bv written request to tjie Bo. ml. 
si>:ned bs- the holder of the license or the holder s 



izuardian. 



(b) While a license is m an inacti\e status, the 
licensee shall meet the continuinL: education re- 
quirements each year as required bv the Board s 
rules, but |s not required to pay the annual tee. 

(c) A license may be withdrawn trom inacti\e 
status by wntten request o| tjie luckier, com- 
pletion of a renewal application, compliance with 
continuinu education requirements and pavinent 
o| the current licensim; fee. 

Statutoty Authority G.S. 90-356; 90-362. 

.0012 SI SI'KNSION. KKAOCATION AND 
DKMAL OK I ICKNSK 

(a) The Board may refuse to issue a license, or 
suspend, revoke or impose probationary condi- 
tions and restrictions on the license of a person 
upon a finding ci\_ anv of the causes provided in 
Cieneral .Statute Chapter Oa .Ailicle 25. 

(h) \\ hen the Board has probable cause to be- 
lieve that a licensee applicant has \ iolated anv 
pail ot (jS. 0(I-.Cs(I through 'Xl-.V.^). the Board 
shall so advise the aiiplicant ni w riling bv ceili- 
fied mail, setting toilh its gnuinds, specify ing the 
sanctions w Inch are sought and provide the 
licensee applicant with the oppoi1unit\ for hear- 
ing pursuant to Chapter 15l)B of the (jeneral 
Statutes. I he Board s findings of fact . its con- 
clusions of law under these Rules and its decision 
as to tjic sanctions, it anv. to be imposed shall 
be made in wnting by ceilified mail and served 
upon the applicant. 

(c) A suspended license shall be subject Ui ex- 
piration and may be renewed as pro\ ided in this 
Section, but such renew al shall not entitle the 
licensee to engage in the licensed activity until 
he she [s reinstate>.l. U a license revoked on dis- 
ciplinary grounds r, reinstated, the licensee must 
reapply and pa\ all applicable tees. 

Statututy Authority G.S. 90-356; 90-363. 



.001.^ KKKS 

In accordance with the provisions of the Act, the following fees, yvhere applicable, are payable to the 
Btiard bv check or m(mev order. Fees are nonrefundable, except for the Issuance fee, if application 
is not apprcned. 



Application |-"ee 

Charter Issuance l"ee (I\iid by .luK _!_, 

Issuance tee 

I iceiise Renewal Fee 



l')^)2) 



$ 25.00 
45.00 
75.00 
25.00 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



IS50 



PROPOSED RULES 



ate Kcncwal 



r 



1 xaininatuin I ce 
I'ro\isu)iKil I icciise I"cc 



DupliCuitc I icL-nse ('L'rtificate Fee 

DuplicalL' I lL\^tl^L■ IJciitilicatmn Card I ee 

l\eluniL'(.l ( TiL'ck I 'cc 

Slt\ ice 1 ee lor Aeailemie I'roeram Appro\al 

Ser\ice lee lor SiiperMsed Practice I'rourain Appro\al 

Service lee tor (.'ontmuinu Idiicational I'nor Appnnal lor Programs 

SerMce Fee lor .Animal ( oiitiiuiinL! 1 diicalion Appro\'al tor 1 iceiisce 



5n.no 

100.1)0 

15.00 
10.00 
15.00 
50.00 
75.00 
25.00 
25.00 



,S-/.;/(//,;/T Aut/iorHy G.S. 90-356i9): 90-364. 

.(>0I4 (ODK Ol Klines lOK I'KOIKSSIONAL 
l>KA( IK K AM) CONDI CI 

[ icensees. under the .Act, shall compK uith the 

lollow iiig ( 'ode ot I thics m their prolessional 

Israel ice and conduct. I he ( \)de which reHects 

the ethical principles ot^ t]ie dietetic niitrituMi 

professional and outlines obligations iM the 

hcensee U) sell', client. societ\ and the protession. 

( 1 ) I he licensee shall provide prolessional 

senices with ob]ecti\'il\ and \m11i respect lor 

the uni(,|ue needs and \alues of iiidniduals. 

(2 1 I he licensee shall avcud discninination 

against other indniduals on the basis of. but 



not limited to race, creed . religion, sex, age, 
national ongm or handicap. 
[3| I he licensee shall conduct all practices 
with honest\ . mtegnts and fairness. 



(4) The licensee shall make and lulhll profes- 
sional commitments m gtmd laith. 

( 5) 1 he licensee shall practice dietetics nutn- 
tion based on scientific pnnciples and cur- 
rent mlonnation. 

(6| I he licensee shall assume responsibility' 
and accountabilitN lor personal competence 
in practice. 

(7) The licensee shall inform the public and 
colleagues ot ser\ices bv use oi_ factual in- 
lormation anil shall not advertise in a mis- 
Icading manner. 



(S) 1 he licensee shall promote or endorse 
products onK m a manner that is tnie and 
not misleading. 

C-^) The licensee shall not make an\" false or 
misleading claims about the etficacN of an\' 
dietetic nutntion scrMces or weight control 



(10) 1 he licensee shall maintain conlldentialit\' 



o\_ mlormation. 

(11) I he licensee shall recogni/e and exercise 
prolessional pidgment within the limits of 
the licensee's c[ualilic.itions and seeks coun- 
sel or makes reteiTals as appropnate. 

(12) ! he licensee shall take reasonable action 
to intomi a client s ph\ sician and an\ ap- 
propriate alliei.1 health care practitioner m 



cases wiiere a c 



:lient's nutntional status indi- 



cates a change in health status. 



( 1-^) [he licensee shall pro\ ule sutTicient infor- 
mation to enable clients to make tlieir own 
inloiTned decisions. 

(14) 1 he licensee sh.ill present substantiated 
information and inlenTet controversial in- 
formation without personal bias, recognizing 
that legitimate differences o^i opinion exist. 

(15) I he licensee shall accurateh' present pro- 
fession. il qualihcations and credentials. 

(a) i'he licensee uses 1 1) ". "IN", or 
"1 i)\ " onh when licensure is current 
and aiithon/ed bv the North Carolina 
Board ot Dietetics Nutntion. 



(b) Ihe licensee provides accurate information 
and complies with all reciuirements ol^ the 
N(^rth Carolina Ikiard ot^ Dietetics Nu- 
trition when seeking initial or continued 
credentials trom the North Carolina 
Board c^ Dietetics Nutntion. 

(c) The licensee i^ subiect to disciplinary 
action tor aiding another person m \ iolat- 
ing an\ North Carolina Board of 
Dietetics Nutntion requirements or aiding 
another person in representing 
himself herself as an ' 1 D ". 1 N or 

'1 DN ' when he she is not. 

( 16) The licensee shall peimit use of that 
licensee s name lor the purpose of ceilifvinj 
that dietetic nutntion sen, ices have been 
rendered onlv if the licensee has pro\ ided or 
supervised those ser\ices. 

(17) I he licensee shall remain free of contlict 
of interest w hile lullillmg the ohiectives and 
maintaining the mtegntv of the dietetic nu- 
trition protession. 

(18) The licensee shall make all reasonable ef- 
fort to avoid bias in anv kind of prolessional 
e\'aliiation. 

( 10) When prov iding direct supervision to a 
sttident. trainee, provision. tl licensee, or per- 
son aiding the practice o[ dietetics nutrition, 
the licensee shall assume responsibility tor 



/.V.>/ 



6:24 SORTH CAROLINA REGISTER March 16. 1992 



PROPOSED RULES 



the supcnision in a manner which protects 
the public. 
(20 1 When licensee appnnes a wcidit C(mtrol 
proi:ram. the licensee shall assume responsi- 
bilitN for the ueneral pro'jam ol weidit 
control incluJinii the diet and the izuidelines 
tor mstniction of customers. 



(21 ) I he licensee shall cmnplv with any order 
relating; to the licensee which i^ issued by the 
l^oard. 



[22) "1 he licensee shall compK w ith all laws and 
regulations concemiii'.; the proiession. but 
shall seek to change I hem it the laws or rcg- 
ulations are inconsistent with the best inter- 



est ot the public and the prolession. 

(23) I he licensee shall accept the obligation to 
protect scK'ietv and the profession bv up- 
holding the Code ot 1 ihics lor prt^tessional 
practice and conduct and bv reporting al- 
leged misrepresentations and \iolalions of 
the Code and the .Act to the Hoard. 

(24) "I he licensee shall not interi'ere with an 
investigation of disciplinap> proceeding by 
willlul misrepresentation of facts to the 
Board or ns authon/ed representati\e or bv 
the use of threats or liarassment against anv 



(25) The licensee voluntanh withdraws froi 



prolessuiiial practice and ni'tilies the Hoard 
under the follow ing circumstances: 
(a) The licensee has engaged m an\ substance 



abuse th.it could attect his her practice. 
(h) The licensee has been adjudged b\' a ccuirt 

to be mentalK' incompetent. 
(c) The licensee has an emotional or mental 
disabilitx that alfects his her practice in a 
manner that coukl harm the client. 
'26) The licensee complies with all applicable 
laws and regulations ccMicerning the profes- 
sion. 1 he licensee shall \oluntanl\ with- 
draw from prolessional practice. notif\ the 
Hoard and be sub|ect to disciplinan action 
under the following circumstances: 
(a) The licensee has been coinicted of a crime 
under the laws iM t_he I nited States which 
IS a telom or a misi.lemeanor. an essential 
element of which i_s disluinest\ and which 
is related to the practice ot tjie prolession. 



(b) The licensee has been disciplined bv a 
state and at least one o\_ the grounds for 
the discipline is the same or substantially 
equi\ :ilent to these pnnciples. 
I he licensee has committed an act of 



(c) 



misteasance itt nialteasance which is di- 
rect K related \o_ the practice ol^ the pro- 
fession as determined by a court of 
competent junsdiction. a licensing board. 
or an agency ot a go\ernmental bod\ . 



Stalutorj Authority G.S. 90-356(3). 

.0015 f.xkme'hons 

(a) No perscin shall engage in the practice of 
dietetics nutrition in the State of North Carolina 
unless he she possesses a cuiTcnt license or pro- 
\ isional license dul\ issued bv tjie l?oard under 
the pan isions of Cieneral Statutes Chapter 91), 
Article 2\ unless exempted as dctined in (i.S. 
^)()-.^6S of the Act. 

(b) A student or trainee in pursuit of fulfilling 
the academic and expenence rec|uirements for 
licensure shall be exempt when: 

( 1 ) I he student or trainee submits e\ idence 
ot enrollment and torw ard progress to- 
ward tullillment o[ requirements to the 
Ijoard on an annual basis: and 

(2) The student or trainee lj^ under the direct 
super, ision of licensed dietitians 
nutritionists for at least Ml percent ol^ the 
supei'\ ised practical expenence: and 

(3) " Direct superx ision" shall mean that Ij^ 
censed dietitians nutntionists: 

(■A) must be ph\ sicalK present in the locale 
\\ hen an act or tunction is being per- 
formed bv tjie person superMsed: and 

(B) must proN'ide super\ ision tluit is char- 
acten/cd bv a direct, hist-haiul association 
which IS unrestncted by an inter\ening 
positum r4 intluenee: and 

((^) must directb and personalK examine, 
evaluate and appro\ e the acts or functions 
of tjie pers(,in supeniscd: and 

(4) I he student or trainee is designated b\- a 
title w Inch clearK indicates his her status 
as a student or trainee. 



Statinon- Anthoritv G.S. 00-356; 90-36S. 



6:24 NORTH CAROLINA REGISTER March 16. 1992 



1S52 



RRC OBJECTIOIS'S 



1 he Rules A'ev/eu' Commission i RRC ) objected to the following rules in accordance with G.S. 
l4Mh30.2(c). State agencies are required to respond to RRC as provided in G.S. l43B-30.2(d ). 



ADMIMS I RATION 

State Construction 

/ .\C.IC 30F .010/ - .Authority 

Agency Revised Ride 
I SCAC 30F .0/03 - Dejlnitions 

Agency Revised Ride 
/ .\CAC 30F .0202 - Pre- /J id Conferences and Site Reviews 

.Igency Revised Rule 
J .\CAC 30F .030/ - [definitions 

Agency Revised Rule 
/ SCAC 30 F .0302 - Cherall Job Performance 

Agency Revised Rule 
I SCAC 30F .0303 - Interim Contractor Evaluation 

Agency Revised Rule 
1 \CAC 30F .0305 - Report Compilation 

.Agency Revised Rule 
1 \ C.AC 30F .040/ - Post-Occupancy Evaluation 

Agency Revised Rule 
1 XC.AC 30F .0403 - .Appeals of .Assigned Eval or Disqual from Bidding 

.Agency Revised Rule 

State I-'mplovees CAimhined Campaign 

/ A C.-/C 35 .0/03 - Organisation of the Campaign 

.Agency Revised Rule 
I \ C.AC 35 .0202 - Criteria for .Acceptance 

.Agency Revised Rule 
/ .\CAC 35 .0302 - Response 

.A ?e/;cr Re\ised Rule 



RRC Objection 
ObJ. Removed 
RRC Objection 
ObJ. Removed 
RRC Objection 
ObJ. Removed 
RRC Objection 
Ob/. Removed 
RRC Objection 
ObJ. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
ObJ. Removed 



/O 1^,9/ 
1/ 2/:9/ 

/O./y;')/ 
// 2/9/ 
/()'/7,9/ 
// 2/, 9/ 
/O /^ 9/ 
// 2/ 9/ 
/O /7 9/ 
// 2/i9/ 

/O n9/ 

//i2/;9/ 
/O /^f)/ 

//.2/:9/ 

/O /y,9/ 
//'■J/, 9/ 

/O / - 9/ 
// 2/9/ 



RRC Objection 0/ 24 92 

ObJ. Removed 0/24:92 

RRC Objection 0/ 24 92 

Obj. Removed 0/ 24 92 

RRC Objection 0124 92 

Obj. Removed 0/24 92 



ACRK n ILRK 

Plant Industn- 

2 .\CAC4SE .0/0/ - Definitions 
Agency Revised Rule 
.Agency Responded 
.Agency Withdrew Rule 

CRIME CONTROL AND PI BI IC SAFETY 

State IlighwaN Patrol 

/4A \CAC ''II .0304 - .\otiJying Registered Owner 
\o Response from .Agency 
.A:^encv ]\'ithdrew Rule 



RRC Objection /0/7:9/ 

RRC Objection 70/^9/ 

\o .Action /2, /9 9/ 

02 20 02 



RRC Objection /2 /9 9/ 

Xo Action 0/ 24 92 

02 20 92 



IS53 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



RRC OBJECTIONS 



ECONOMIC AND COM.MLAITV DK\ ELOFMKN I 

Credit Union Division 

4 SCAC 6C .0407 - Business Loans 
Agency Revised Rule 

Savings Institutions Division: Sa\inus Institutions ComiTussion 



RRC Objection 01 24 92 
Obj. Removed 02, 20 92 



4 XCAC I6A .0/05 - Restrictions: Payment Dividends! Repurchase Slock RRC Objection 

Agency Revised Rule Obj. Removed 

4 .\CAC I6C .0402 - Application: Guidelines! Approval,. -idtninislrator RRC Objection 

Agency Revised Rule Obj. Re/noved 

4 NCAC I6C .0403 - General Policies RRC Objection 

4 .\'CAC 16D .0301 - General Policies RRC Objection 

Agency Revised Rule Obj. Removed 

4 NCAC I6E .0103 - Composition of Board of Directors RRC Objection 

.Agency Revised Rule Obj. Removed 

4 \CAC 16E .0/05 - .-Imendinent of Comerted Sa\ings Ban/c's Charter RRC Objection 

Agency Revised Rule Obj. Removed 

4 \^CAC /6E .030/ - General Policies RRC Objection 

Agency Revised Ride Obj. Removed 

4 .WCAC /6E .0303 - Required Policies RRC Objection 

.■igency Re\'ised Rule Obj. Removed 

4 SCAC /6E .0502 - Holding of Certificate or Passbook RRC Objection 

.'igency Revised Rule Obj. Removed 

4 \'CAC /6G .0404 - Information Prior To .Approval Plan Conversion RRC Objection 

Agency Revised Rule Obj. Removed 

4 SCAC /6G .05/0 - Cse of Pro.xy Soliciting Material to he Authorized RRC Objection 

Agency Revised Rule Obj. Removed 

4 NCAC /6G .05/3 - .Material /iajuired to be Tiled RRC Objection 

.Agency Revised Rule Obj. Removed 

4 SCAC 16G .07/4 - Estimated /'rice /nformaiion: Pro.xy Statements RRC Objection 

Agency Revised Rule Obj. Removed 

4 SCAC I6G .0^20 - Period for Completion of Sale RRC Objection 

.Agency Revised Rule Obj. Removed 

4 .\CAC /6G .0722 ■ Extensions of Time to Complete Offerings RRC Objection 

.Agency Revised Rule Obj. Removed 

4 .\CAC /6G .0825 - Requirements as to Paper and Priming RRC Objection 

Agency /Revised Ru/es Obj. Removed 

4 SCAC 16/1 .0002 - Grounds RRC Objection 

.Agency Repealed Rule Obj. Removed 

4 SCAC /6H .0008 - \\\mer RRC Objection 

Agency Revised Ru/e Obj. Removed 

4 SCAC /6l .0702 - Definitions and Ot/ier Terms RRC Objection 

.Agency Revised Rule Obj. Removed 

4 .\'C.AC /6I .0'^03 - Stds for .Approval of .Acquisition: Duties Conduct R/\C Objection 

Agency /\Cfised Rule Obj. Removed 

4 SCAC /6l .0902 - Acquisition Procedure RRC Objection 

.Agency I\evi.<ied Rule Obj. Removed 

4 SCAC 16/ ./003 - Acquisition Procedure RRC Objection 

.Agency /ie\'ised Ru/e Obj. Removed 

4 SCAC /6l ./202 - Comersion Procedure RRC Objection 



01.24,92 
Of 24, 92 
0/24 92 
01,24 92 
0/ 24 92 
0/24 92 
Of 24 92 
01, 24 92 
01, 24 92 
0/^24 92 
01,24, 92 
0/:24 92 
01 24 92 
0/, 24 92 
0/, 24 92 
01,24 92 
0/ 24 92 
0/24 92 
0/2492 
0/24 92 
0/,24 92 
0/24 92 
0/24 92 
0/24 92 
01,24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/24 92 
0/ 24 92 
0/,24,92 
0/;2492 
01 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 
0/ 24 92 



6:24 NORTH CAROLINA REGISTER Manh 16, 1992 



1S54 



RRC OBJECTIONS 



A;^cncy Rei'ised Rule 
4 SCAC J6J .0003 - U\mer 

Agency Revised Rule 
4 SCAC I6K .0001 - Definitions 

.-Igency Revised Rule 
4 .\CAC 16K .0005 - Books and Accounts 

Agency Revised Rule 
4 .\CAC I6K .0000 - Self- Dealing 

.tgcncy Revised Rule 
4 .\CAC I6K .0010 - Custody of Imcstinenls 

Agency Revised Ride 
4 SCAC 161. .0004 - Waner 

.[gency Revised Rule 

KNMRONMKM. MKALIH, AND NAll RAL RKSOIRCKS 



Ohj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01:24:92 
01 24 92 
01124:92 
01 24' 92 
01.24 92 
01.24:92 
01:24:92 
01,24 92 
01:2492 
01,24:92 
01:24! 92 
0li24j92 
01/24/92 



Coastal ManatiL'ment 



J5A .\C.iC ~ll .0306 - General i'se Standards for Ocean Hazard .(reas 

.i gency Responded 

Rule Returned to .l^encv 

.Igency Filed Rule with'OAH 
I5A .\C.4C 7J .0301 - Who is Entitled to a Contested Case Hearing 
ISA .\C.4C "J .0302 - Petition For Contested Case Hearing 
15.4 .\CAC "J .0402 - Criteria jor Grant or Denial of Per/nit .-ipplicaiions 
15A SCAC ".M .020/ - Declaration of General Policy 

.Igency Responded 

.Igency Responded 

Rule Returned to .Agencv 

Agency Filed Rule with'OAH 
I5A SCAC \\l .0202 - Policy Statements 

. igency Responded 

.Igency Responded 

Rule Returned to .igencv 

Agency Filed Ride witli'OAH 
15 A SCAC ".M .0303 - Policy Statements 

.4gency Responded 

.4gency Responded 

Rule Returned to .4^encv 

Agency Filed Rule witli'OAH 
I5A SCAC '.\f .0403 - Policy Statements 

.4gency Responded 

.4gency Responded 

Agency Revised Rule 
15 A SCAC ~.\l .090/ - Declaration of General Policy 

Agency Responded 

Agency Responded 

Rule Returned to .4gency 

Asencv Filed Rule \\-itli OAH 



RRC Objection 


0/ 24 92 


.\o .4ction 


0/ 24. 92 




0/:2492 


Fff. 


03 01 92 


RRC Objection 


02 20 92 


RRC Objection 


02 20 92 


RRC Objection 


/0./'':9/ 


R/\C Objection 


/0/7 9/ 


.\o .4 ction 


12/9 9/ 


So .4ction 


0/24 92 




01/ 24/92 


Elf 


03 0/192 


RRC Objection 


/O /- 9/ 


So Action 


/2:/99/ 


.\o .4ction 


0/:24'92 




0/24 92 


Fff. 


03 0//92 


RRC Objection 


/O/^ 9/ 


So Action 


/2 /9 91 


So Action 


0/ 24 92 




0/ 24 92 


Err. 


03 or 92 


RRC Objection 


10 /' 91 


.\o .4 ction 


/2 /9 9/ 


So .4ction 


0/24:92 


Obj. Removed 


02 20 92 


RRC Objection 


/O /- 9/ 


.\o .4 ction 


/2 /9 9/ 


.\o .4ction 


0/ 24 92 




0/ 24 92 


Fff. 


03 01 92 



Health: Hpidciniology 

/5A SCAC /9A .0202 - Control .Mea.uires -HI}' 



RRC Objection /O /^9/ 



1S55 



6:24 NORTH CAROLI.SA REGISTER March 16, 1992 



RRC OBJECTIONS 



Sedimentation Control 

/5A NCAC 4A .0005 - Definitions 

Agency Responded 

Agency Revised Rule 
ISA NCAC 4C .0007 - Procedures: Notices 

Agency Responded 



HUMAN RESOURCES 

Facility Services 

10 NCAC 3 J .2905 - Personal Hygiene Items 

10 NCAC 3\V .0101 - State Cert for Labs Conducting Pap Smears 

Agency Revised Rule 
10 NCAC 3W .0201 - State Cert of Screening Mammography Svcs 

Agency Revised Rule 

Individual and Family Support 

10 NCAC 42E .0905 - Personnel: Centers: Homes with Operator', Staff 

Agency Responded 
10 NCAC42E .0906 - Personnel: Day Care Homes:/ Staff Person/Op 

Agency Responded 
10 NCAC 42 E .11 OS - Records 

Agency Revised Rule 
10 NCAC 42 E .1207 - Procedure ■ 

Agency Responded 
10 NCAC42Z .0604 - Staff Requirements 

Agency Responded 
10 NCAC42Z .0901 - Procedure 

Agency Responded 

Mental Health: General 

10 NCAC 14S .0102 - Communication Rights 
Agency Responded 

10 NCAC 14S .0103 - Lixing Emironmcnt 
Agency Responded 

rsSURANCE 

Life and I lealth Division 

// NCAC 12 .0507 - fraternal Orders: Societies and Associations 
.Igcncy Revised Rule 

11 NCAC 12 .0826 - Filing Requirements for Advertising 
Agency Revised Rule 

11 NCAC 12 .1202 - Definitions 

.Agency Revised Rule 
11 NCAC 12 .1209 - Discrimination 

Agency Revised Rule 



RRC Objection 
No .let ion 
Obj. Removed 
RRC Objection 
No A ction 
Obj. Removed 



RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
.\'o .4 ction 
RRC Objection 
No .Action 
RRC Objection 
Obj. Removed 
RRC Objection 
No .Action 
RRC Objection 
No .let ion 
RRC Objection 
No .1 ction 



12/19/91 
01/24/92 
02/20/92 
12/19/91 
01/24/92 
02/20/92 



10/17/91 
01124/92 
01/24/92 
01/24/92 
01/24/92 



01/24/92 
02/20/92 
01/24/92 
02/20/92 
01/24/92 
01/24/92 
01/24/92 
02/20/92 
01/24/92 
02/20/92 
01/24/92 
02/20/92 



ARRC Objection 9/19/91 
10/17/91 

ARRC Objection 9/19/91 
10/17/91 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Retnoved 



12/19191 
01/24/92 
01/24/92 
01/24/92 
12/19/91 
01/24/92 
12/19^91 
01/24/92 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



IS56 



RRC OBJECTIONS 



LICENSINC; BOARDS AM) COMMISSIONS 

Certified Public Accountant [-.xaminers 

* :/ .\CAC8G .03/3 - Finn Same 
Agency Responded 



{ 



RRC Objection lO'IJ'QI 
No Action 12:19 91 



IS5~ 



6:24 .\ORTH CAROLINA REGISTER March 16, 1992 



RULES mVALIDA TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court. 
Court of Appeals. Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a nde in the Sorth Carolina Administrative Code. 



ISA .\CAC 7J .0301 - UHO IS EMITLED TO A CO.\TESTED CASE HEARI.\G 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 07J .030 1(b) void as appUed in Lucy R. Hanson. Stanley P. and Jean C Szwed. Petitioners 
V. .\.C. Department of Environment. Health, and Satural Resources, Division of Coastal Management, 
Respondetu (91 EHR'0551, 91 HHR 0557). 

ISA .\CAC 2 ID .0802(b)(2) - AVAILABILITY 

Robert Roosevelt Reilly Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 15A NCAC 21D .0802(b)(2) void as applied m Wilson's Supermarket ff-II, Petitioner v. 
Department of Emirotiment, Health, and Xatural Resources. Respondent (91 LHR 0795). 

ISA .\CAC 21 D .0805 - DECISIO.X 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 21 D .0805 void as applied in Glenn E. Davis Davis Grocery, Petitioner v. N.C Department 
of Emironment. Health, and Satural Resources, Division of Maternal and Child Health, U'lC Section. 
Respondent (91 LHR 0694). 



6:24 NORTH CAROLINA REGISTER Manh 16, 1992 IS5S 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



J he \orih Carolina Administraih-e Code (i\CAC) has four major subdhisions of rules. Two of 
the<;e. titles and chapters, are mandatory. The major subdivision of the \'CAC is the title. Each 
major department in the North Carolina executive branch of government has been assigned a title 
number. Titles are further broken down into chapters which shall be numerical in order. The other 
Aro. subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



IITLK/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMINISTRATIVK CODE 



IlEE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


.Administration 


Architecture 


2 


2 


/Vgnculturc 


Auctioneers 


4 


3 


Auditor 


Barber I'xaminers 


6 


4 


Fconomic and Community 


Certified Public Accountant Examiners 


8 




l\-\-elopment 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic .Vrt Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Flections 


Dietetics Nutrition 


17 


9 


Governor 


Electrical Contractors 


18 


in 


Human Resources 


Electrolysis 


19 


11 


Insurance 


Foresters 


20 


12 


Justice 


Geologists 


21 


13 


I abor 


I learing Aid Dealers and [-itters 


22 


14A 


Crime Control and Public Safety 


Landscape .Arcliitects 


26 


1 5 A 


F-n\ironment. Health, and Natural 


I andscape Contractors 


28 




Resources 


Martial & Family Therapy 


31 


16 


Public Education 


Medical FAaminers 


32 


17 


Re\cnue 


Mid\vifer>- Jomt Committee 


33 


18 


Secretary of State 


Mortuary Science 


34 


l')A 


Transportation 


Nursing 


36 


20 


Treasurer 


Nursing Home Administrators 


37 


^21 


Occupational licensing Boards 


Occupational T herapists 


38 


2") 


Administrative Procedures 


Opticians 


40 


23 


Community Colleges 


OptometPv- 


42 


24 


Independent Agencies 


Osteopathic Examination and 


44 


23 


State Personnel 


Registration (Repealed) 




26 


Administrative Hearings 


Pharmacy 


46 






Ph\sical Therapy Examiners 


48 






Plumbing. Heating and I'ire Sprinkler 


30 






Contractors 








Podiatry Examiners 


32 






Practicing Counselors 


33 






Practicing Psychologists 


54 






Professional Engineers and Eand Sur\-e\'ors 36 






Real Estate Commission 


58 






Refrigeration Exammers 


60 






Sanitarian F'xaminers 


62 






Social Work 


63 






Speech and 1 anguage Pathologists and 


64 






Audiologists 








\'etcnnar\ Medical Board 


66 



Note: ditle 21 contains the chapters of the \anous occupational Licensing boards. 



/,V,59 



6:24 NORTH CAROLINA REGISTER March 16, 1992 



CVMULA TIVE INDEX 



CUMILA TIVE ISDEX 

(April 1991 - March 1992) 



1991 - 1992 



Paaes 



Issue 



1 - 44 1 - Apnl 

44 - 99 2 - April 

100 - 185 3 - May 

1S6 - 226 4 - May 

227 - 246 5 - June 

247 - 325 6 - June 

326 - 373 7 - July 

374 - 463 8 - July 

464 - 515 9 - August 

516 - 677 10 - August 

678 - 721 11 - September 

722 - 783 12 - September 

784 - 923 13 - September 

924 - 980 14 - October 

981 - 1107 15 - November 

1108 - 1275 16 - November 

1276 - 1300 17 - December 

1301 - 1423 18 - December 

1424 - 1503 19 - January 

15(14 - 1562 20 - January 

1563 - 1636 21 - February 

1637 - 1741 22 - February 

1742 - 1815 li - March 

1816 - 1863 24 - March 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - 1-inal Rule 

(iS - Cieneral Statute 

JO - Judicial Orders or IX'cision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

'I"R - I'cmporaPv Rule 



ADMIMSTRAIION 

State Construction. 465 PR 

State Employees Combined Campaign, 924 PR 

ADMINLSIRATIAE IIKARINGS 

Ileanngs Division, 310 PR, 1792 PR 
Rules Division, 665 PR, 1792 PR 



6:24 NORTH CAROLINA REGISTER Match 16, 1992 



1S60 



CUMULATIVE INDEX 



admimsiraiim; ordir 

Adininislrative Order, '^26 AO 

AC.RK I I 11 RK 

lood and nru'j Protection I^iivision, 576 PR, 725 PR, 1303 PR 

Markets, 5'^6 I'R. IM2 PR 

North Carolina State lair, 57f. PR 

Pesticide Board, 725 PR 

Plant IndustPv, 102 PR, 464 PR. 576 PR, 1642 PR 

.Structural Pest Control Di\ision, 1569 I'R 

\'etennar\ Di\i.sion, 1645 PR 

( ORRI ( HON 

DuiMon ot Prisons, 35 PR, S7 I R. 209 F-R, 700 P'R, 93S PR, 1744 PR 

( RIMK ( OMROI. AM) PI IM I( SAFKTV 

State Highway i'atrol. Division of, S09 PR 

( 11 11 RAI Rl SOIRCFS 

.\rchives and IIistor\. "^il PR 
State 1 ibrar\ , 6S(-, PR 

IX ONOMK AM) ( OMMIM rV DIA KLOPMKN T 

Alcoholic ik-veraye Control Commission. 4 PR, IMS I'R 

Hankine C\)mniission, 1424 PR 

("ommunitv Assistance, 104 PR, 1579 I'R 

(Vedit Cnion Division, 231 PR, 683 PR, IIUS PR 

Impknment and {'raining, 590 I'R 

Savings Institutions Division, 9S4 PR 

INA IRONAIKM, lUAI III, AM) NAll RAl. RFSOl RCFS 

C"oastal Manaiicment. 2^4 PR, 113^ PR. 1753 PR 

DepartmentalRules. 1513 PR 

P:nvironmental Mana>:ement, 1^^ PR. 2^1 I'R. 447 PR, 1061 PR. 1315 PR, 1520 I'R, 1611 PR, 

1S23 PR 
I'orest Resources. 300 PR 

Cknemor s Waste Management Ho,ird, 1277 PR 
Health: Fpidemiolouv, 2S PR, 341 PR, ^35 PR, 12"'9 PR 
Health Services. <» PR. 327 PR, 727 I'R, S15 PR. 1452 PR 
1 ,ind Resources. 494 PR, 810 PR, 1720 PR 
.Manne Iisheries, 122 PR, 690 PR 
M'DPS Pennits Notice. 1X16 
Parks and Recreation, 603 I'R 
Radiation Protection, 136" PR 
Soil .md Water Conservation, 1''51 PR 
State Registrar, 734 I'R 

Water Treatment lacilitv Openitors. 405 I'R 
Wildlite Resources Commission. S4 PR. To PR, lOS PR. 301 PR, 647 PR, 692 PR, 1062 PR, 

1323 PR, 1542 PR, 1619 PR, 163~ C 

FINAL DFCLSION LFIFFRS 

Voting Rights Act, 48, 230, 248, 326, 464, 516, 6X1, 722, 806, 927, 1301, 1505, 1566, 1640, 1743 

(.FNFRAF SFAll IFS 

Chapter 15nB. ~N4 CiS 

(,()\ FRNOR/LF. (,()\ FRNOR 

I \ecutive Orders. 1, 45, 100. 186. 227, 247, 374, 67S, S04. 924. 981, 12''6, 1504, 1563, 1742 



{ 



1,S6I 6:24 SORTH CAROLISA REGISTER March 16, 1992 



CUMULATIVE INDEX 



HUMAN RESOl RCi:S 

A-ins, Division of, 72 PR, 422 PR, 1818 PR 

Blind, Services for, 686 PR 

Departmental Rules, 1114 PR 

Economic Opportunitv, 604 PR, 689 PR 

Facility Services, 104 PR, 471 PR, 592 PR, 1035 PR, 1443 PR, 1584 PR 

Medical Assistance, 9 PR, 112 PR, 188 PR, 232 PR, 250 PR, 430 PR, 492 PR, 601 PR, 688 PR, 

726 PR, 807 PR, 932 PR, 1036 PR, 1277 PR, 1452 PR, 1703 PR, 1819 PR 
Mental Health, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR, 375 PR, 

449 FR, 1446 PR 
Social Services, 116 PR, 1039 PR, 1607 PR 

rSDIPENDENT AGKNCIES 

Housini» I^inancc Agcncv, 1484 PR 

Safety and Health Review Board of North Carolina, 1069 PR 

INSIRANCE 

Actuarial Services Division, 119 PR, 1060 I'R, 1749 PR 
Agent Services Division. 1056 I'R, 1303 PR 
Fngincerinu and Buildmt; Codes, 1704 PR 
Fmlincial Evaluation Division, 933 PR, 1308 PR 
Life and Health Division, 430 PR, 1114 PR 
Property and Casualty Division, 1509 PR 
Special Services Division, 84 PR 

JISTICE 

Criminal Justice Education and Training Standards, 607 PR 

NC Sheriffs' Education and Training Standards Commission. 618 PR, 1820 PR 

Private Protective Services, 121 PR 

State Bureau of Investigation, 250 PR 

LABOR 

Boiler and Pressure Vessel, 1310 PR, 1822 PR 
Elevator and .Ajnusement Device Division, 1712 PR 
Occupational Safety and Health, 1138 PR, 1309 PR 

LICENSING BOARDS 

Architecture. Board of, 30 PR, 232 PR 

Certified Public Accountant Examiners. 201 PR. 935 PR, 1141 PR 

Cosmetic Art E.xaminers, 653 PR. 1066 PR. 1723 PR 

Dietetics Nutrition, Board of. 1845 PR 

Flectrolvsis Examiners, Board of 737 PR 

General' Contractors, 1837 PR 

Geologists. Board of, 654 PR 

Hearing Aid Dealers and Fitters, 496 PR. 655 PR 

Landscape Contractors' Reastration Board, 665 PR 

Medical Examiners, Board of, 304 PR. 363 PR, 935 PR 

Nursing. Board of. 305 PR. 1765 PR 

Optomctrv. Board of Examiners, 1068 F'R 

Pharmacy, Board of, 201 PR, 1480 PR 

Physical Therapy E.xamincrs, Board of, 33 PR, 363 PR 

Practicing Psychologists Examiners, 203 PR 

Professional Enaineers and I and SurvcNors, 497 PR 

Real Estate Commission, 171 PR, 500 PR, 1,S46 PR 

Speech &, I anguage Pathologists & Audiologists. 1777 PR 

LIST OF Rl LES (ODIEH I) 

Fist of Rules Codified, 89, 215, 314, 451, 504, 711, 907, 1087, 1281, 1487, 1624, 1797 



6:24 NORTH CAROLINA REGISTER March 16, 1992 IS62 



CUMULA THE INDEX 



IHBI I( KDl CAIION 

Memt;ntary and Secondan', 29 PR, 199 PR. 303 PR, 694 PR, 1140 PR, 1721 PR. 1834 PR 

rk\i:m K 

Corporate Income and [ranchise Pax Division, 816 FR 

Departmental Rules, 968 FR, 1729 FR 

Indi\idual Income. Inheritance and Gift Tax Division, 739 FR 

Individual Income Tax Division, 234 FR, 747 FR, 1794 FR 

Intanables 'Pax Division, 766 FR, 969 FR 

license and Excise Tax Division, 740 J-R, 969 PR 

Motor Fuels Tax Division, 768 FR, 1620 FR 

Propertv 'Pax Commission, 210 I'R 

Sales and Use Tax, 817 FR 

SFXRK I ARV OF SI A IK 

Fand Records Management Di\ision, 1835 PR 
Securities Di\'ision, 85 PR 

SIA FK PIRSONNKL 

Office of State Personnel, fc.96 PR, 1082 PR, 1485 PR, 1777 PR 
State Personnel Commission, 172 PR, 364 PR 

STATK IRFASl RKR 

Retirement Systems. 736 PR 

S I Al KMKNTS OF OR(.AMZA HON 

Statements of Organization. 518 SO 

TAX RKMKW BOARD 

Orders of Tax Re\ie\v Board. 1641 

TRANSPORT.AIION 

Assistant Secretan,' For Management. 1254 FR 

Assistant Secretan,' For Planning. 1259 FR 

Departmental Rules. 1142 FR 

Division of I Iit;h\va\s. 1 146 FR 

Division of .Motor Vehicles. 213 FR. 502 FR. 701 FR. 773 1 R. 122^ FR. 1545 PR 



{ 



IS63 6:24 SORTH CAROLINA REGISTER March 16, 1992 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented tnonlhly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Indhidual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



\ olumc 


litlc 


Chapter 


Subject 


Nov 
Subscription* 


Total 
Quantity Price 


1 - 52 


Full Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 

12 
13 
13 
13 
14A 

15A 
15A 
15A 

15A 
15A 


1 - 37 
1 - 24 
25 - 52 
1 - 4 
1 - 2 

3- 20 
1 - 2 
3-4 

1 -4 
1 - 12 
1 - 9 
1 - 4 

I - 2 

3 A - 3K 
3L- 3R 

3S - 3W 

4- 6 
7 

8- 9 
10 

II - 14 
15 - 17 
18 

19-30 
31 - 33 
34-41 
42 

43 - 5 1 
1 - 15 
I - 12 
1 -6 
7 

8- 16 
1 - 11 

1 -2 

3-6 

7 

8-9 

10 


All titles 
Administration 
Agriculture 
Agriculture 
Auditor 

ECD (includes ABC) 
ECD 

Correction 
Correction 
Council of State 
Cultural Resources 
Flections 
Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
1 luman Resources 
Insurance 
Justice 
Labor 
OS HA 
labor 

Crime Control and 
Public Satetv 
FIINR (includes FMC) 
FlINR 

Coastal Management 
EHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



Total 
\ Oliinu' litli' ( liaptor Subject Subscription* Quantity Price 



39 


1 5A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


IS 


45 


19A 


46 


20 


47 


21 


48 


21 


49 


21 




->-) 


50 


23 


51 


24 


52 


25 


53 


26 







New 


( hapter 


Subject Su 


bscription* 


11 - IS 


IIINR 


90.00 


19 - 26 


IHNR 






(includes Breathalizer) 


75.00 


1 -6 


F'ducation 


30.00 


1 -6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 - S 


Secrctarv of State 


30.00 


1 - 6 


Transportation 


90.00 


1 -9 


Treasurer 


45.00 


1 - 16 


Licensins Boards 


75.00 


17-37 


Liccnsme Boards 


75.00 


3S - 70 


I icensint; Boards 




1 - 2 


Administratne Procedures 


75.00 


I - 2 


Communitv Colleaes 


10.00 


1 - 3 


Independent Asencies 


10.00 


1 


State Personnel 


60.00 


1 - 4 


.Administrative Ilearinas 


10.00 



{ 



(North Carolina Subscribers add 6% sales tax) Total 

(Make checks payable to OJJicc of Administrative Hearings.) 
This price includes the title in its current form plus supplementation for the subscription year. 



MAIL TO: 



OFFICC OF ADMIMSTRA riVF HEARINGS 

POSr OI FICF DRAW! R 2^447 
RALEIGH. NOR III C.AROI INA 2~M 1-7447 



LnL-\\9LZ BUII0JB3 qyoN 'qSpiB^ 

LPPLZ JSMBJa O d 

s3uu63H SAiiejjsiuiuipy jo a3i}JO 



aHH 

JVIS 
)Vld 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) (N.C. Subscribers please add sales tax.) 

Renew North Carolina Register 

Check Enclosed D Please bill me 

ease make checks payable to Office of Administrative Hearings 

'VME ADDRESS 

TY STATE ZIP 

lONE 



eturn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1 . Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 



A' 



<?- 



v--'5^ 



\^ 



-.,'--», t 






FIRST CLASS MAIL 



535 
•JMiy. OF NORTH CftRDLINA 
LAW LIBRARY 

'.'AN HtCKE-UETTftCH 0b4-H 
CHAPEL HIlL 



NC 2"59